Bill > HB5512

This bill aims to combat deed fraud by defining a "suspicious document" as one where a notary's information doesn't match official records, the document claims to be outside U.S. or West Virginia law, it doesn't meet recording standards, or it's submitted by someone other than a "trusted submitter" (like a title company, attorney, or financial institution) and appears false or fraudulent. Recorders are empowered to refuse recording of such documents, report them to law enforcement, or notify the notary involved, while being protected from liability for damages unless a court finds their refusal erroneous. The bill also mandates that by January 1, 2027, recorders must establish a free "property alert notification system" allowing property owners to enroll and be notified of any documents affecting their property, with options for notification via mail, text, call, or email. Additionally, it allows recorders to create searchable logs of recorded documents and establishes penalties for "deed theft," classifying it as grand larceny in the first or second degree depending on the property type and number of properties involved, and allows for enhanced civil damages, including triple the compensatory damages and attorney fees, for those harmed by forged deeds or mortgages. The bill also updates notary regulations by requiring new applicants to complete a four-hour course on notarial laws and fraud, with at least one hour dedicated to real estate fraud and elder financial exploitation, and subsequent commission renewals to include a two-hour continuing education course with a similar focus on fraud.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5512&year=2026&sessiontype=RS&btype=bill