West Virginia Certificate or Memorandum of Trust Agreement

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US-02330BG
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Description

In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.

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FAQ

West Virginia has legalized TOD deeds by enacting the WV Real Property Transfer on Death Act. Previously, a property owner would most likely have named a beneficiary by creating a life estate with a remainder interest, a more complicated option usually involving a property lawyer.

6.1. Recording Without Stamps. -- Any clerk who shall record any document without the proper documentary stamp or stamps affixed thereto, as is indicated in such document or accompanying declaration, shall, upon conviction in a court of competent jurisdiction, be fined fifty dollars.

Declaration of consideration or value. The declaration states the property's value or the payment, called consideration, made for the property. The current owner, new owner, or another responsible party must sign the declaration. The West Virginia Code suggests language for a declaration of consideration or value.

A credit line deed of trust shall be, from the time it is duly recorded as required by law, security for all indebtedness or other obligations secured thereby at the time of recording and for all future advances secured thereby in an aggregate principal amount outstanding at any time not to exceed the maximum amount ...

West Virginia uses the Deed of Trust almost exclusively.

The basic filing fee to record a West Virginia deed is $27.00, which includes a $2.00 preservation fee. The clerk charges an extra $1.00 fee for each page beyond five pages. A deed transferring real estate for consideration costs an extra $20.00 fee.

A West Virginia deed transfers title to property from one party to another. The deed should be written for the date when the consideration (money) exchanges hands with the Grantee (buyer). The form should have the Preparer's, Grantor's, Grantee's information along with the legal description of the property.

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West Virginia Certificate or Memorandum of Trust Agreement