West Virginia Enacts Uniform Real Property Electronic Recording Act

West Virginia recently enacted a Uniform Real Property Electronic Recording Act, clarifying the validity of electronic documents and electronic signatures specifically within the context of real property records recording and related notarizations.  The Act provides for the recording of electronic documents, and requires county clerks to comply with established standards for implementing substantially similar Acts in other jurisdictions.  Under the Act, an electronic document and electronic signature are both validated as satisfactory for recording purposes.

County clerks are also authorized to receive, index, store, archive and transmit electronic documents, and may permit public access, search, and retrieval of electronic documents.  Paper documents may be converted into electronic documents for recording purposes, and clerks may collect taxes or fees electronically for electronic recording of real property documents.

As it relates to West Virginia recording and notarization, the new state law states that it modifies, limits, and supercedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supercede the consumer disclosure and consent requirements of that Act.

The Act was signed by the West Virginia Governor and takes effect on May 28, 2020.