West Virginia Promulgates Rule Relating to Electronic Recording of Real Property

West Virginia recently promulgated a rule to establish practices and standards for West Virginia county clerks that participate in real property electronic recordings.  The rule harmonizes the standards and practices of West Virginia county clerks with the standards and practices of clerks in other jurisdictions that also substantially enact the Uniform Real Property Electronic Recording Act.  

The rule provides relevant definitions; technical standards for electronic document recording; electronic recording processing requirements (including requiring the county clerk to provide notice of confirmation or rejection of an electronic recording subject to certain requirements); security requirements for the electronic delivery system and for recording and maintaining electronic documents in the clerk’s records; and guidelines for agreements between clerks and the party delivering documents to the clerk for electronic recording.

The rule went into effect on May 11, 2022.