West Virginia § 38-12-1 - 38-12-1. When release of lien required; requisites thereof.

Full text of West Virginia West Virginia Code § 38-12-1 — 38-12-1. When release of lien required; requisites thereof., with citation guidance and answers to common questions.

§ 38-12-1. 38-12-1. When release of lien required; requisites thereof.

(a) Every person entitled to the benefit of any lien on any estate, real or personal, or to the money secured thereby, whether the lien was created by conveyance, judgment, decree, lis pendens, notice of attachment, deed of trust, contract or otherwise, shall be required to furnish and execute an apt and proper written release thereof free of charge to the debtor whose obligation secured by such lien has been fully paid and satisfied, if the lien is of record in the proper county. Such release shall be executed and furnished to the debtor within thirty days after the debt has been satisfied.

(b) Such release of lien shall be executed by the lienholder and acknowledged before the clerk of the county commission in whose office the lien is recorded or before such other person authorized to take acknowledgments of deeds. Such written release shall be deemed sufficient if it describe the lien to be released by any words that will identify and show an intent to discharge the same. Releases may also be made according to the provisions of section two of this article.

Source: official West Virginia text · Last verified 2026-08-27

Frequently Asked Questions About West Virginia § 38-12-1

What does West Virginia Code § 38-12-1 cover?

Section 38-12-1 ("38-12-1. When release of lien required; requisites thereof.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite West Virginia § 38-12-1?

A common citation format is "West Virginia Code § 38-12-1" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of West Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.

How does West Virginia § 38-12-1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.