State records guide
Title research in West Virginia
Facts below are taken from West Virginia statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.
A West Virginia title search is run in the county clerk's office of one of 55 counties. A deed of trust is foreclosed by trustee sale after published notice, the State Auditor auctions tax liens with redemption open until a tax deed issues, and transfer on death deeds are authorized.
What a West Virginia title search has to account for
| Where deeds are recorded | Deeds, contracts, powers of attorney and other writings are admitted to record by the clerk of the county commission of the county where the instrument is to be recorded, once acknowledged or proved by two witnesses, among the other requirements the section sets. Source: W. Va. Code s. 39-1-2, checked 2026-11-06. |
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| Recording jurisdictions | There are 55 counties, so the search is run in the county where the parcel sits. Source: U.S. Census Bureau, Guide to State and Local Census Geography: West Virginia, checked 2026-11-06. |
| Mortgage foreclosure process | When a debt secured by a West Virginia deed of trust is in default and the conditions in the trust deed have occurred, the trustee, at the request of the secured creditor, sells the property at public auction. Source: W. Va. Code s. 38-1-3, checked 2026-11-06. |
| Delinquent property tax sales | The West Virginia State Auditor sells the tax lien on each delinquent tract at public auction at the county courthouse to the highest eligible bidder within 90 days after the Auditor's certification of the lands. Source: W. Va. Code s. 11A-3-45, checked 2026-11-06. |
| Redemption after a tax sale | After the Auditor sells a tax lien, the owner, anyone else entitled to pay the taxes, or any lienholder may redeem at any time before a tax deed is issued by paying the Auditor the taxes, interest and charges due at the sale with interest at one percent per month, plus the other amounts the section lists. Source: W. Va. Code s. 11A-3-56, checked 2026-11-06. |
| Transfer-on-death deed | West Virginia has adopted the Uniform Real Property Transfer on Death Act. An owner may transfer real property to one or more beneficiaries or contingent beneficiaries effective at death by a transfer on death deed. Source: W. Va. Code s. 36-12-5, checked 2026-11-06. |
| Marital property system | On every judgment of annulment, divorce or separation the court divides the marital property equally between the parties except as the statute otherwise provides. Community property in West Virginia: what the code says, spouse notice and a spouse's share, section by section. Source: W. Va. Code s. 48-7-101, checked 2026-11-06. |
| HOA assessment lien priority | Under the West Virginia Uniform Common Interest Ownership Act, an association's assessment lien is junior to a first security interest recorded before the assessment became delinquent, except that it is prior to that security interest for the common expense assessments under the periodic budget that would have come due during the six months before the association sues to enforce the lien. The lien is extinguished unless enforcement begins within three years after the full assessment came due. Source: W. Va. Code s. 36B-3-116, checked 2026-11-06. |
Who records deeds in West Virginia?
The clerk of the county commission, the county clerk, records deeds. Section 39-1-2 has the clerk admit a deed, contract or other writing to record once it is acknowledged or proved by two witnesses, among other requirements. As amended in 2025, the section bars the clerk from admitting to record a quitclaim deed without consideration, or a deed of property valued at 100 dollars or less on which no transfer excise tax is paid, unless the grantee has also signed and acknowledged it.
There are 55 counties, and the search runs in the county where the parcel sits. The report traces the chain of title as far back as the county's records go, with document images of the key instruments, and verifies findings with the assessor, tax office, recorder and courts.
How does a West Virginia deed of trust foreclose?
A deed of trust is enforced by the trustee. Under section 38-1-3, when the secured debt is in default and the conditions in the trust deed have occurred, the trustee, at the request of the creditor, sells the property at public auction, and section 38-1-4 has the trustee publish a notice of the sale as a class II legal advertisement, with an exception for some deeds of trust made before July 1, 1980 that waive published notice.
For a bidder, an auction title report reports the foreclosing lien's position and the liens that would survive, in dollars, for the bidder's attorney.
What does the State Auditor's tax lien auction mean for a bidder?
The State Auditor sells delinquent tax liens. Section 11A-3-45 has the Auditor sell the tax lien on each tract at public auction at the county courthouse to the highest eligible bidder, on a business day within 90 days after the Auditor's certification of the lands under section 11A-3-44.
Redemption stays open under section 11A-3-56 until a tax deed is actually issued. The owner, anyone entitled to pay the taxes or any lienholder may redeem by paying the Auditor the taxes, interest and charges due at the sale with interest at one percent per month, plus the other amounts the section lists. The report verifies tax sales and redemptions with the tax office and states the surviving liens, taxes and assessments in dollars.
How does title pass when a West Virginia owner dies or divorces?
The state has adopted the Uniform Real Property Transfer on Death Act. Section 36-12-5 lets an owner transfer real property to one or more beneficiaries or contingent beneficiaries effective at death by a transfer on death deed, and section 36-12-9 requires the deed to be recorded before the transferor's death in the office of the clerk of the county commission.
A probate title search finds the decedent's property by name and reports vesting at death, how title passes, including joint tenancy, a transfer on death deed, a trust or a life estate, and the liens to pay. On divorce, section 48-7-103 has the court presume that all marital property is to be divided equally between the parties, though it may alter that distribution. The report states the recorded deed or order it finds, and an attorney reads the effect.
Can a West Virginia association lien outrank the first deed of trust?
Under the Uniform Common Interest Ownership Act, yes, within a limit. Section 36B-3-116 ranks the association's lien behind real estate taxes and other governmental assessments and behind a first security interest recorded before the assessment became delinquent, but makes it prior to that security interest for the budgeted common expense assessments that came due during the six months before the association sues.
The same section extinguishes the lien unless proceedings to enforce it begin within three years after the full amount came due, and discharges it as to later purchasers for value without notice unless the association records a notice of the lien with the clerk of the county commission. Some small or limited-expense communities are covered by only parts of the Act. The report states any recorded notice of lien it finds, and the bidder's attorney reads its effect.
Which package fits a West Virginia property?
Every package covers West Virginia property wherever it is recorded. Pick by situation:
- Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
- Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
- Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
- Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
- Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
- Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.
Questions about West Virginia title research
Which office records deeds in West Virginia?
The clerk of the county commission in each of the 55 counties. The clerk admits a deed, contract or other writing to record once it has been acknowledged by the signer or proved by two witnesses, among other requirements, and under a 2025 amendment a quitclaim deed without consideration also needs the grantee's signature. A title search is run in the county where the parcel sits.
Does West Virginia foreclose in court or by trustee sale?
A deed of trust is foreclosed by trustee sale. Under section 38-1-3 the trustee, when required by the secured creditor after default and once the conditions in the trust deed have occurred, sells the property at public auction, after the published notice section 38-1-4 requires. An auction title report states the foreclosing lien's position and the liens that would survive.
How are delinquent property taxes sold in West Virginia?
The State Auditor sells the tax lien on each delinquent tract at public auction at the county courthouse to the highest eligible bidder, within 90 days after the Auditor's certification of the lands. Redemption stays open until a tax deed is issued. The report verifies tax sales and redemptions with the tax office and states the surviving liens in dollars.
How long can a West Virginia owner redeem after a tax lien sale?
Until a tax deed is issued. After the Auditor's sale, the owner, anyone entitled to pay the taxes or any lienholder may redeem at any time before a tax deed issues by paying the Auditor the taxes, interest and charges due at the sale with interest at one percent per month, plus the other amounts the section lists.
Does West Virginia allow a transfer on death deed?
Yes. Under the Uniform Real Property Transfer on Death Act as adopted in West Virginia, an individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed, which must be recorded before the transferor's death in the office of the clerk of the county commission.
Is West Virginia a community property state?
The statutes provide for division of marital property on divorce. Section 48-7-101 directs the court to divide the marital property equally between the parties except as the article otherwise provides, and section 48-7-103 has the court presume an equal division but lets it alter that distribution. The report states the recorded deeds and divorce orders it finds, and an attorney reads the effect.