This bill aims to amend and reenact various sections of the Code of West Virginia to enhance the management and integrity of land records, particularly in relation to deed fraud. It introduces a new article, designated as Article 38C, which includes definitions for terms such as "suspicious document" and "trusted submitter." The bill clarifies the authority and liability of recorders when dealing with suspicious documents, allowing them to refuse recording such documents and report them to law enforcement. Additionally, it mandates the establishment of a property alert notification system by recorders to inform property owners of any documents affecting their property, and it outlines the creation of a searchable log of recorded documents.

Furthermore, the bill establishes criminal and civil penalties for deed fraud, defining actions that constitute "deed theft" and specifying the consequences for such actions. It also introduces enhanced civil damages for individuals affected by forged deeds or mortgages, allowing them to seek compensatory and punitive damages. The bill includes provisions for notarial officers, requiring them to complete educational courses on notarial laws and procedures, with a focus on recognizing fraud and exploitation in real estate transactions. Overall, the legislation seeks to strengthen protections against fraudulent activities in property transactions and improve the accountability of notaries and recorders.

Statutes affected:
Introduced Version: 39-4-2, 39-4-4, 39-4-7, 39-4-22, 39-4-40, 30-38C-1, 30-38C-2, 30-38C-3, 30-38C-4, 330-38C-5, 830-38C-6, 30-38C-7