SB 102: Modifying form of certain deeds - West Virginia

sb102 h jud am _1 adopted.htm → sb102 hfat akers 4-10 adopted.htm · 4 edits

MODERATE

The bill was amended to replace the original Judiciary Committee amendment with Delegate Akers' version, which focuses on modifying deed forms and clarifying requirements for recording quitclaim deeds and low-value property transfers. The new amendment simplifies the language and adds specific exceptions for family transfers and transfers on death.

Scope change

The scope remains focused on deed recording requirements, but the amendment clarifies the specific conditions under which certain deeds must be signed by the grantee or witnessed, while maintaining exceptions for family transfers and transfers on death.

REQUIREMENT

Removed the original Judiciary Committee amendment that included detailed provisions about beneficial ownership of debts secured by mortgages and specific witness requirements for deed acknowledgments.

Added a new title and amendment language that specifically addresses quitclaim deeds without consideration and property transfers valued at $100 or less, requiring grantee signature or witness proof.

ELIGIBILITY

Modified the exceptions for exempt transfers to explicitly list transfers between family members (husband-wife, parent-child, grandparent-grandchild) and transfers on death, clarifying that these do not require grantee signature even without consideration.

TECHNICAL

Changed the bill header from 'SB102 H JUD AM #1' to 'SB102 HFAT Akers 4-10' to reflect Delegate Akers' amendment version.

Committee Substitute → sb102 h jud am _1 adopted.htm · 5 edits

MODERATE

The bill was amended to significantly expand the types of property transfers that can be recorded without a notarized acknowledgment from the grantee. The original version required notarization for most deeds, but the amendment created multiple exemptions including transfers between spouses, parents and children, grandparents and grandchildren, and transfers involving less than $2,000 in consideration.

Scope change

The bill's scope expanded from requiring notarization for most real property transfers to allowing many family-related and low-value transfers to be recorded without grantee acknowledgment.

REQUIREMENT

Removed the requirement that all deeds must contain a notarized acknowledgment of the grantee's acceptance of the property transfer.

Added requirement that contracts, deeds of trust, and mortgages must identify the beneficial owner of the debt and their residence before being recorded.

Changed the threshold for quitclaim deeds without consideration from $2,000 to $100, requiring grantee acknowledgment for transfers valued at $100 or less unless tax is paid.

ELIGIBILITY

Added exemptions for transfer on death deeds, transfers between spouses, transfers between parents and children, transfers between grandparents and grandchildren, and transfers between parents/children and their spouses.

ENFORCEMENT

Added provision stating that any deed recorded in violation of the new requirements is void and no interest transfers to the grantee.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was renumbered from SB 102 to SB 102 Text and the effective date was changed from April 12, 2025 to March 12, 2025. The committee changed from the Judiciary Committee to the Senate Committee. The bill text was modified to change the statute from §39-1-2 to §36-3-5 and altered the requirements for deed acknowledgments, now requiring notarized acknowledgment for all deeds except transfer on death deeds and parent-child transfers under $2,000.

Scope change

The bill's scope expanded from specific deed types to all deeds, with exceptions for transfer on death deeds and parent-child transfers under $2,000.

REQUIREMENT

Changed the deed acknowledgment requirement from quitclaim deeds without consideration or transfers under $100 to all deeds except transfer on death deeds and parent-child transfers under $2,000

DEFINITION

Changed the statute reference from §39-1-2 to §36-3-5

TIMELINE

Changed the effective date from April 12, 2025 to March 12, 2025

TECHNICAL

Changed the committee from Judiciary to Senate Committee

Introduced Version → Enrolled Committee Substitute · 6 edits · Apr 24, 2025

MODERATE

The bill was converted from an introduced version to an enrolled committee substitute, changing the article number from 3 to 1 and adding specific requirements for recording certain low-value or no-consideration deeds. The enrolled version includes official legislative certification, passage dates, and governor approval signatures, making it ready for implementation. This change transforms the document from a draft proposal into an officially enacted law.

Scope change

The bill's scope expanded from a general deed form modification to include specific recording requirements for quitclaim deeds without consideration and transfers of property valued at $100 or less, with exceptions for family transfers and death transfers.

REQUIREMENT

Changed the article number from Article 3 to Article 1 regarding authentication and recording of writings

Added specific requirement that quitclaim deeds without consideration or deeds transferring property valued at $100 or less must be signed by the grantee or proved by two witnesses before the county clerk

EXCEPTIONS

Added exceptions for transfers on death, transfers between spouses, parent-child transfers, grandparent-grandchild transfers, and family transfers under $2,000 that do not require grantee signature

ENFORCEMENT

Added consequence that deeds recorded in violation of the new requirements are void and no interest transfers to the grantee

TIMELINE

Added effective date of 90 days from passage (July 11, 2025) and official certification signatures from Senate and House clerks

TECHNICAL

Removed introductory explanatory notes and formatting instructions that were present in the introduced version

Modifying form of certain deeds

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