A West Virginia Release of Lien for Deed of Trust is a legal document that releases a lien placed on a property due to a Deed of Trust. This document effectively cancels the lien, thereby clearing the property's title and ensuring a hassle-free transfer of ownership. In West Virginia, there are two common types of Release of Lien for Deed of Trust: 1. Full Release: A Full Release of Lien for Deed of Trust is issued when the borrower has fully satisfied the terms of the Deed of Trust. This type of release frees the property from any encumbrances or claims held by the lender and allows the borrower to hold an unencumbered title. 2. Partial Release: Sometimes, borrowers may choose to release a portion of the property from the Deed of Trust. This is known as a Partial Release of Lien for Deed of Trust. It is usually applied when the borrower has made significant payments on the loan, and the lender agrees to release a specific portion of the property from the lien. This allows the borrower to potentially sell or refinance a portion of their property while retaining the lien on the remaining portion. When drafting a West Virginia Release of Lien for Deed of Trust, it is important to include certain key details to ensure its validity: 1. Identification of the parties involved: Include the legal names and addresses of both the borrower and the lender. It's essential to accurately identify these parties to avoid any confusion or potential disputes. 2. Description of the property: Clearly describe the property in question by including the complete physical address, its legal description, or any other relevant details that uniquely identify the property. 3. Reference to the original Deed of Trust: Mention the original Deed of Trust's recording information, including the book and page number or any other identifying information that links the released lien to the initial Deed of Trust. 4. Termination of the lien: State the intent of the release, confirming that the previously recorded lien is terminated, canceled, and no longer has any effect on the property's title. Clearly articulate that the borrower has fully satisfied their obligations under the Deed of Trust. 5. Notarization and recording: To make the Release of Lien for Deed of Trust legally binding, it is crucial to have it notarized. This ensures the authenticity of the document. Additionally, recording the release in the county's land records office further solidifies its validity and provides public notice of the lien's release. It is important to consult an attorney or legal professional when preparing a West Virginia Release of Lien for Deed of Trust to ensure compliance with state laws and regulations.