Plain English Breakdown
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HB4706 • 2026
Establishing a three month time limit for a purchaser of real property to have a deed recorded.
Establishing a three month time limit for a purchaser of real property to have a deed recorded.
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-01-21
H
To House Judiciary
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2026-01-21
H
Introduced in House
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2026-01-21
H
To Judiciary
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2026-01-21
H
Filed for introduction
Official Summary Text
Establishing a three month time limit for a purchaser of real property to have a deed recorded.
Current Bill Text
Read the full stored bill text
HB 4706 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 4706 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 4706 By Delegates Holstein and T. Howell [Introduced January 21, 2026; referred to the Committee on the Judiciary] A BILL to amend and reenact §39-1-2 of the Code of West Virginia, 1931, as amended, relating to authentication and recordation of writings; and requiring purchasers of real property to record their deed within three months upon closing of the transaction. Be it enacted by the Legislature of West Virginia: ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS. §39-1-2. Conditions under which county clerk shall admit deeds, contacts, etc., to record. (a) The clerk of the county commission of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same to record in the clerk’s office, as to any person whose name is signed thereto, when it shall have been acknowledged by such person or proved by two witnesses as to such person before such clerk of the county commission. (b) Notwithstanding the requirements of subsection (a) of this section: (1) The clerk shall not admit to record any contract, deed, deed of trust, mortgage, or other instrument that secures the payment of any debt, unless such contract, deed, deed of trust, mortgage, or other instrument sets forth therein who, at the time of the execution and delivery thereof, is the beneficial owner of the debt secured thereby, and where he resides: Provided , That in the case of a mortgage or a deed of trust securing an issue of negotiable notes or bonds exceeding five in number and payable to bearer, it shall not be necessary that the mortgage or deed of trust show who are the beneficial owners of such notes or bonds, but in such case such mortgage or deed of trust shall show the name and address of the person or corporation with or by whom the notes or bonds have been, or are to be, first negotiated. (2) The clerk shall not admit to record any quitclaim deed without consideration or any deed effecting the transfer of real property where the value of the property transferred is $100 or less for which no excise tax on the privilege of transferring real property on such instrument is paid under §11-22-1 et seq . of this code unless the instrument has been signed by the grantee thereon and acknowledged by the grantee or proved by two witnesses as to the grantee before such clerk of the county commission: Provided , That the clerk shall admit to record any transfer on death deed made pursuant to §39-12-1 et seq . of this code, and transfers between husband and wife, transfers between parent and child, transfers between parent and child and his or her spouse, transfers between grandparent and grandchild, or transfers between grandparent and grandchild and his or her spouse, which are without consideration or for consideration of less than $2,000, that have not been signed by the grantee thereon. Any deed recorded in violation of this section is void and no interest transfers to grantee under such recorded deed. (c) Any purchaser of real property shall record the deed with the clerk of the county court pursuant to this article no later than three months upon the closing of the transaction. NOTE: The purpose of this bill is to require purchaser of real property to record their deeds within three months of closing. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: