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Releases

In West Virginia, a Release of Deed of Trust and a Release of Lien are legal documents used to remove encumbrances from real property once a debt is satisfied. These releases ensure that property records reflect the removal of a security interest or lien.

Release of Deed of Trust

A Release of Deed of Trust is a legal document that removes the lender’s claim on a property once a loan secured by a Deed of Trust has been fully repaid.

West Virginia State Code Provisions

  • West Virginia Code § 38-12-1 states that when a debt secured by a Deed of Trust has been paid in full, the lender (or beneficiary) must execute and deliver a release of the Deed of Trust to the borrower.
  • West Virginia Code § 38-12-3 requires that the release be recorded in the county clerk’s office where the property is located to be valid.
  • West Virginia Code § 38-12-4 specifies that once recorded, the release officially removes the lien from the property records.

Key Requirements for a Release of Deed of Trust

  • Must be signed and notarized by the lender or trustee.
  • Must reference the original Deed of Trust, including book and page number.
  • Must be recorded in the county clerk’s office where the property is located.
  • Once recorded, the property is free from the Deed of Trust.


Release of Lien

A Release of Lien is used to remove a lien (such as a mechanic’s lien, judgment lien, or tax lien) once the underlying debt is satisfied.

West Virginia State Code Provisions

  • West Virginia Code § 38-2-23 requires a lienholder to release a mechanic’s lien once the debt has been paid.
  • West Virginia Code § 38-3-14 states that a judgment lien can be released once the judgment has been satisfied.
  • West Virginia Code § 38-12-1 through § 38-12-10 outline procedures for releasing various types of liens, including those placed due to unpaid debts or loans.

Key Requirements for a Release of Lien

  • Must be signed and notarized by the lienholder.
  • Must reference the original lien recording details (book and page number).
  • Must be filed with the county clerk’s office where the lien was originally recorded.
  • Once recorded, the lien is officially removed from the property records.

Consequences of Failing to File a Release

West Virginia Code § 38-12-10 imposes penalties on lenders or lienholders who fail to release a lien or Deed of Trust after full payment.
If a release is not recorded, the borrower or property owner may have difficulty selling or refinancing the property.