reglab/housing_qa huggingface dataset:
WV Code § 46-9-513 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-513. Termination Statement

(a) Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:(1) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or(2) The debtor did not authorize the filing of the initial financing statement.(b) Time for compliance with subsection (a). To comply with subsection (a) of this section, a secured party shall cause the secured party of record to file the termination statement:(1) Within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or(2) If earlier, within twenty days after the secured party receives an authenticated demand from a debtor.(c) Other collateral. In cases not governed by subsection (a), within twenty days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:(1) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;(2) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;(3) The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or(4) The debtor did not authorize the filing of the initial financing statement.(d) Effect of filing termination statement. Except as otherwise provided in section 9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in section 9-510, for purposes of section 9-519 (g), 9-522 (a), and 9-523 (c), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.
WV Code § 46-9-514 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-514. Assignment of Powers of Secured Party of Record

(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.(b) Assignment of filed financing statement. Except as otherwise provided in subsection (c) of this section, a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:(1) Identifies, by its file number, the initial financing statement to which it relates;(2) Provides the name of the assignor; and(3) Provides the name and mailing address of the assignee.(c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under section 9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than the Uniform Commercial Code.
WV Code § 46-9-517 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-517. Effect of Indexing Errors

The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
WV Code § 46-9-518 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record

(a) Statement with respect to record indexed under person's name. -- A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.(b) Contents of statement under subsection (a). -- An information statement under subsection (a) of this section must:(1) Identify the record to which it relates by:(A) The file number assigned to the initial financing statement to which the record relates; and(B) If the information statement relates to a record filed or recorded in a filing office described in section 9-501(a)(1), the date and time that the initial financing statement was filed or recorded and the information specified in section 9-502(b);(2) Indicate that it is an information statement; and(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.(c) Statement by secured party of record. -- A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under section 9-509(d).(d) Contents of statement under subsection (c). -- An information statement under subsection (c) of this section must:(1) Identify the record to which it relates by:(A) The file number assigned to the initial financing statement to which the record relates; and(B) If the information statement relates to a record filed or recorded in a filing office described in section 9-501(a)(1), the date and time that the initial financing statement was filed or recorded and the information specified in section 9-502(b);(2) Indicate that it is an information statement; and(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under Section 9-509(d).(e) Record not affected by information statement. -- The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
WV Code § 46-9-520 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-520. Acceptance and Refusal to Accept Record

(a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in section 9-516(b) and may refuse to accept a record for filing only for a reason set forth in section 9-516(b).(b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in section 9-501(a)(2), in no event more than two business days after the filing office receives the record.(c) When filed financing statement effective. A filed financing statement satisfying section 9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a) of this section. However, section 9-338 applies to a filed financing statement providing information described in section 9-516(b)(5) which is incorrect at the time the financing statement is filed.(d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
WV Code § 46-9-521 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-521. Written Financing Statement and Amendment Thereto

(a) Initial financing statement. -- A filing office that accepts written records may not refuse to accept a written initial financing statement except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.(b) Amended financing statement. -- A filing office that accepts written records may not refuse to accept an amended written record except for a reason set forth in section 9-516(b): Provided, That the written record must be on the most recent revision of the appropriate form as approved by the International Association of Commercial Administrators.
WV Code § 46-9-522 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-522. Maintenance and Destruction of Records

(a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under section 9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:(1) If the record was filed or recorded in the filing office described in section 9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or(2) If the record was filed in the filing office described in section 9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.(b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a) of this section.
WV Code § 46-9-524 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-524. Delay by Filing Office

Delay by the filing office beyond a time limit prescribed by this part is excused if:(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment or other circumstances beyond control of the filing office; and(2) The filing office exercises reasonable diligence under the circumstances.
WV Code § 46-9-526 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-526. Filing-Office Rules

(a) Adoption of filing-office rules. The Secretary of State shall propose rules for legislative approval consistent with this article and in accordance with the provisions of article three, chapter twenty-nine-a of this code.(1) Consistent with this article; and(2) Promulgated pursuant to the provisions of chapter twenty-nine-a of this code.(b) Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the Secretary of State, so far as is consistent with the purposes, policies and provisions of this article, in proposing filing-office rules for legislative approval, shall:(1) Consult with filing offices in other jurisdictions that enact substantially this part; and(2) Consult the most recent version of the model rules promulgated by the international association of corporate administrators or any successor organization; and(3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.
WV Code § 46-9-527 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-527. Duty to Report

The Secretary of State shall report to the Joint Committee on Government and Finance on or before July 1 each year on the operation of the filing office. The report must contain a statement of the extent to which:(1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and(2) The filing-office rules are not in harmony with the most recent version of the model rules promulgated by the international association of corporate administrators, or any successor organization, and the reasons for these variations.
WV Code § 46-9-601 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles or Promissory Notes

Subpart 1. Default and Enforcement of Security Interest.§46-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in section 9-602, those provided by agreement of the parties. A secured party:(1) May reduce a claim to judgment, foreclose or otherwise enforce the claim, security interest or agricultural lien by any available judicial procedure; and(2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.(b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under section 7-106, 9-104, 9-105, 9-106 or 9-107 has the rights and duties provided in section 9-207.(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) of this section are cumulative and may be exercised simultaneously.(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) of this section and section 9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:(1) The date of perfection of the security interest or agricultural lien in the collateral;(2) The date of filing a financing statement covering the collateral; or(3) Any date specified in a statute under which the agricultural lien was created.(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in section 9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles or promissory notes.
WV Code § 46-9-602 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-602. Waiver and Variance of Rights and Duties

Except as otherwise provided in section 9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:(1) Section 9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;(2) Section 9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;(3) Section 9-607(c), which deals with collection and enforcement of collateral;(4) Sections 9-608(a) and 9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;(5) Sections 9-608(a) and 9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;(6) Section 9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;(7) Sections 9-610(b), 9-611, 9-613 and 9-614, which deal with disposition of collateral;(8) Section 9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;(9) Section 9-616, which deals with explanation of the calculation of a surplus or deficiency;(10) Sections 9-620, 9-621 and 9-622, which deal with acceptance of collateral in satisfaction of obligation;(11) Section 9-623, which deals with redemption of collateral;(12) Section 9-624, which deals with permissible waivers; and(13) Sections 9-625 and 9-626, which deal with the secured party's liability for failure to comply with this article.
WV Code § 46-9-603 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-603. Agreement on Standards Concerning Rights and Duties

(a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in section 9-602 if the standards are not manifestly unreasonable.(b) Agreed standards inapplicable to breach of peace. Subsection (a) of this section does not apply to the duty under section 9-609 to refrain from breaching the peace.
WV Code § 46-9-604 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

(a) Enforcement: personal and real property. If a security agreement covers both personal and real property, a secured party may proceed:(1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or(2) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.(b) Enforcement: fixtures. Subject to subsection (c) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed:(1) Under this part; or(2) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.(c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.(d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
WV Code § 46-9-605 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-605. Unknown Debtor or Secondary Obligor

A secured party does not owe a duty based on its status as secured party:(1) To a person that is a debtor or obligor, unless the secured party knows:(A) That the person is a debtor or obligor;(B) The identity of the person; and(C) How to communicate with the person; or(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:(A) That the person is a debtor; and(B) The identity of the person.
WV Code § 46-9-606 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-606. Time of Default for Agricultural Lien

For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.