reglab/housing_qa huggingface dataset:
WV Code § 38-16-105 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-105. Lien Defined

Lien means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.
WV Code § 38-16-106 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-106. Nonconsensual Common Law Lien Defined

Nonconsensual common law lien means a fraudulent lien that is misrepresented as a valid lien because it:(1) Is not provided for by a specific statute;(2) Does not derive its existence from the consent of the owner of the affected property; and (3) Is not an equitable lien or other lien imposed by a court of competent jurisdiction.
WV Code § 38-16-107 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-107. Purported Court Defined

Purported court means a so-called common law court or other purported court or purported judicial entity that is not expressly created or established under the Constitution or the laws of this state or of the United States.
WV Code § 38-16-108 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-108. State or Local Official or Employee Defined

State or local official or employee means a person, whether appointed or elected, providing services to a branch of state government or to a political subdivision of this state, whether with or without compensation.
WV Code § 38-16-201 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-201. Bonafide Liens Are Not Affected by This Article

§38-16-201. Bonafide liens are not affected by this article.Regardless of whether such liens may also be considered to be common law liens, nothing in this article is intended to affect:(1) Statutory liens arising under an enactment of the Legislature;(2) Equitable liens, constructive liens and other liens that are imposed by a court of competent jurisdiction; or(3) Consensual liens now or hereafter recognized under the common law of this state.
WV Code § 38-16-202 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-202. Real Property Common Law Liens Unenforceable; Personal Property Common Law Liens Limited

(a) A common law lien against real property is invalid and is not recognized or enforceable in this state.(b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:(1) Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or(2) Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.(c) A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the property from the possession of the lienholder.
WV Code § 38-16-301 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-301. Filing or Recording a Claim of Nonconsensual Commonlaw Lien Is of No Force or Effect

§38-16-301. Filing or recording a claim of nonconsensual commonlaw lien is of no force or effect.A nonconsensual common law lien is invalid and does not constitute a charge against property or create an interest in property. The filing or recording of a document that purports to evidence a nonconsensual common law lien is a nullity and is of no force or effect.
WV Code § 38-16-302 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-302. No Duty to Accept Filing of Purported Common Law Lien; No Duty to Reject Filing of Purported Common Law Lien

A clerk of a county commission or other person has no duty to accept for filing or recording any purported claim of a common law lien, because a common law lien is neither authorized by statute nor imposed by a court of competent jurisdiction. A clerk of a county commission or other person has no duty to reject for filing or recording any claim of a common law lien, and the inadvertent or negligent recordation of a claim of a common law lien by a clerk of a county commission or other recorder does not create a cause of action against that official.
WV Code § 38-16-303 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-303. Claim of Lien Against a Federal Official or Employee or a State or Local Official or Employee; Performance of Duties; Validity; No Duty to Accept Filing; Notice of Invalid Lien

(a) Any claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties is invalid unless it arises from a specific order of a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.(b) A person is not obligated to accept for filing any purported claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties unless the claim is accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien or unless a specific statute authorizes the filing of such lien. A person has no duty to reject for filing or recording any claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties, and the inadvertent or negligent recordation of such a claim by a clerk of a county commission or other recorder does not create a cause of action against that official.(c) If a claim of lien as described in subsection (a) of this section has been accepted for filing, the recording officer shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney or other counsel representing the federal agency of which the individual is an official or employee; the assistant Attorney General or other counsel representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee; or the prosecuting attorney or municipal attorney or other counsel representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien, at his or her last known address. The clerk of the county commission shall file and index the notice of invalid lien in the same class of records in which the purported claim of lien was originally filed.
WV Code § 38-16-304 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-304. No Duty to Disclose Record of Common Law Lien

No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien. This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court of competent jurisdiction.
WV Code § 38-16-305 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien

 A clerk of the county commission or other person is not liable for the acceptance for filing of an invalid claim of a nonconsensual common law lien, nor for the acceptance for filing of a notice of invalid lien. A clerk of the county commission or other person is not liable for damages arising from a refusal to record or file or a failure to disclose any claim of a purported common law lien of record.
WV Code § 38-16-306 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity

(a) An attorney, title insurance company or other title examiner does not have a duty to disclose a fraudulent court record, document, or instrument purporting to create a nonconsensual common law lien asserting a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of the real property or interest in real property.(b) A purported judgment lien or document establishing or purporting to establish a judgment lien against property in this state, that is issued or purportedly issued by a court or a purported court other than a court established under the laws of this state or the United States, is a nullity and has no effect in the determination of any title or right to the property.
WV Code § 38-16-401 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-401. Notice by Clerk of Fraudulent Lien

§38-16-401. Notice by clerk of fraudulent lien.(a) If a clerk of the county commission has a reasonable basis to believe in good faith that a document or instrument purporting to evidence an invalid nonconsensual common law lien has been filed or recorded or offered for filing or recording, the clerk shall provide a written notice as follows:(1) If the document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court, the clerk shall provide written notice of the filing, recording, or submission for filing or recording to the stated or last known address of the person against whom the purported judgment, act, order, directive, or process is rendered; or(2) If the document or instrument purports to create a lien or assert a claim on real or personal property or an interest in real or personal property, provide written notice of the filing, recording, or submission for filing or recording to the stated or last known address of the person named in the document or instrument as the obligor or debtor and to any person named as owning any interest in the real or personal property described in the document or instrument.(b)(1) If the document is not yet filed or recorded, the clerk shall provide written notice under subsection (a) not later than the second business day after the date that the document is submitted for filing or recording; or(2) If the document or instrument has been previously filed or recorded, the clerk shall provide written notice under subsection (a) not later than the second business day after the date that the clerk becomes aware that the document or instrument may be fraudulent.(c) For purposes of this section, a document or instrument is presumed to be fraudulent if:(1) The document is styled as a judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court; or(2) The document or instrument purports to create a lien or security interest or otherwise create a charge against real or personal property and:(A) It is not a document or instrument provided for by the Constitution or laws of this state or of the United States;(B) It is not created by implied or express consent or agreement of the alleged obligor, debtor, or the owner of the real or personal property or an interest in the real or personal property, or by implied or express consent or agreement of an agent, fiduciary, or other representative of that person; or(C) It is not an equitable, constructive, or other lien imposed by a court of competent jurisdiction.
WV Code § 38-16-404 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-404. Costs and Attorneys' Fees

If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorneys' fees to the lien claimant to be paid by the movant.
WV Code § 38-16-405 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-405. Warning Sign

A clerk of the county commission shall post a sign, in letters at least one inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk.
WV Code § 38-16-406 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-406. Documents Filed With Secretary of State

(a) If the lien or other claim that is the subject of judicial findings of fact and conclusions of law authorized by this article is one that is authorized by law to be filed with the Secretary of State, any person may file a certified copy of the judicial findings of fact and conclusions of law in the records of the Secretary of State, who shall file the certified copy of the finding in the same class of records as the subject document or instrument was originally filed and index it using the same names that were used in indexing the subject document or instrument.(b) The Secretary of State may charge a filing fee of $5 for filing a certified copy of judicial findings of fact and conclusions of law under this section.
WV Code § 38-16-501 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-501. Liability

§38-16-501. Liability.(a) A person may not make, present, or use a document or other record with:(1) Knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;(2) Intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the Constitution or laws of this state or the United States, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and(3) Intent to cause another person to suffer:(A) Physical injury;(B) Financial injury; or(C) Mental anguish or emotional distress.(b) A person who violates subsection (a) is liable to each injured person for:(1) The greater of:(A) $10,000; or(B) The actual damages caused by the violation;(2) Court costs;(3) Reasonable attorney's fees; and(4) Exemplary damages in an amount determined by the court.
WV Code § 38-16-502 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-502. Cause of Action

The following persons may bring an action to enjoin violation of this article or to recover damages under this article:(1) In the case of a fraudulent judgment lien, the person against whom the judgment is rendered; and(2) In the case of a fraudulent lien or claim against real or personal property or an interest in real or personal property, the obligor or debtor, or a person who owns an interest in the real or personal property.
WV Code § 38-16-503 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-503. Venue

An action under this part 5 may be brought in any circuit court in the county in which the recorded document is recorded or in which the real property is located.
WV Code § 38-16-504 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-504. Filing Fees

(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as provided by subsection (b), the plaintiff may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with the action.(b) The fee for service of notice of an action under this section charged to the plaintiff may not exceed:(1) Twenty dollars if the notice is delivered in person; or(2) The cost of postage if the service is by registered or certified mail.(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay.(d) Since the fee imposed under subsection (a) of this section is less than the filing fee the court imposes for filing other similar actions, if the plaintiff prevails in the action, the court may order a defendant to pay to the court the differences between the fee paid under subsection (a) and the filing fee the court imposes for filing other similar actions.
WV Code § 38-16-505 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-505. Plaintiff's Costs

(a) The court shall award the plaintiff the costs of bringing the action if:(1) The plaintiff prevails; and(2) The court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent.(b) For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.
WV Code § 38-16-506 (2021)
2021 West Virginia Code|Chapter 38. Liens|Article 16. Fraudulent Common Law Liens|§38-16-506. Effect on Other Law

This part 5 is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.
WV Code § 39-1-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-1. Power of Attorney May Be Recorded

A power of attorney may be admitted to record in any county.
WV Code § 39-1-2 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-2. Conditions Under Which County Clerk Shall Admit Deeds, Contracts, etc., to Record

The clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same to record in his office, as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him before such clerk of the county court.But notwithstanding such acknowledgment or proof, such clerk shall not admit to record any contract, deed, deed of trust, mortgage or other instrument that secures the payment of any debt, unless such contract, deed, deed of trust, mortgage, or other instrument sets forth therein who, at the time of the execution and delivery thereof, is the beneficial owner of the debt secured thereby, and where he resides: Provided, however, That in the case of a mortgage or a deed of trust securing an issue of negotiable notes or bonds exceeding five in number and payable to bearer, it shall not be necessary that the mortgage or deed of trust show who are the beneficial owners of such notes or bonds, but in such case such mortgage or deed of trust shall show the name and address of the person or corporation with or by whom the notes or bonds have been, or are to be, first negotiated.
WV Code § 39-1-2a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-2a. Other Requirements for Admission to Record of Certain Instruments

(a) In addition to the other requirements prescribed by law, no instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded or admitted to record, or filed by the county clerk unless the name of the person who, and governmental agency, if any, which, prepared such instrument appears at the conclusion of such instrument and such name is either printed, typewritten, stamped, or signed in a legible manner: Provided, That the recording or filing of any instrument in violation of the provisions of this section shall not invalidate or cloud the title passing by or under such instrument or affect the validity of such instrument in any respect whatever, and such recorded or filed instrument shall constitute notice with like effect as if such instrument fully complied with the provisions of this section. An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name)".(b) This section does not apply to any instrument executed prior to the effective date hereof; to any decree, order, judgment or writ of any court; to any will or death certificate; to any financing, continuation or termination statement permitted to be filed under chapter forty-six of this code; or to any instrument executed or acknowledged outside of this state.(c) A survey document intended to be used in the transfer of real property, prepared by a licensed surveyor, and filed with a county clerk or accepted by a public official of this state shall have the licensed surveyor's signature and seal or stamp affixed thereto.(d) If a survey document, prepared by a licensed surveyor, has been altered from its original form, it shall not be filed with a county clerk or accepted by a public official of this state, until the original licensed surveyor has initialed the changes.(e) A document, plan, map, drawing, exhibit, sketch or pictorial representation prepared by a person exempted under the provisions of thirteen-a, chapter thirty of this code, is not required to have the signature and seal affixed thereto.(f) A document, plan, map, drawing, exhibit, sketch or pictorial representation altered by a person not licensed under the provisions of article thirteen-a, chapter thirty of this code, shall have the alteration initialed by a surveyor licensed under the provisions of article thirteen-a, chapter thirty of this code.
WV Code § 39-1-2b (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-2b. Recordation of Certified Copies of Certain Instruments

Except as provided in this section, the clerk of the county commission of any county shall admit to record in the office of such clerk a copy of any contract, deed of trust, mortgage, lease, memorandum of lease, release, assignment, power of attorney or any other instrument or writing which has been certified by the clerk of the county commission of any other county of this state as being a true and correct copy and transcript from the records of said county. Any such recordations prior to the effective date of this section shall constitute notice with like effect as if such original instrument had been recorded therein. This section does not apply to deeds, wills or to any instrument filed in accordance with chapter forty-six of this code.