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Recording Services and
the Vault (Records Room)
Document Recording
One of the major functions of the County Clerk's Office is to keep records of all legal agreements that affect Jefferson County residents. Documents can be brought in person to be recorded, or sent by mail. Recording fees vary, depending on the type of document and the number of pages.
Each document that is recorded is issued a book number and page number, scanned, and stored permanently in our electronic records system.
Jefferson County's Will, Land and Marriage Records date back to 1801. Data can be accessed using the public access computers as well as the paper indices.
The Jefferson County Clerk's Office keeps official records of births and deaths that occur in Jefferson County, dating back to 1853.
Our clerks can provide you with assistance in performing a record search. We can also provide you with training on how to search for records using public access terminals or the paper indices.
(Effective January 1, 2008)
Document Types Recorded in the Clerk’s Office
Execution
Lis Pendens
Releases
Assignment
Trustee’s Report of Sale
Certificate of Incorporation and Amendment
Order of Appointment of Church Trustees and Trustees of Institution
Power of Attorney
Lease
Assignment
True Name, Trade Name, or Doing Business As Registration
Right of Way
Notice of, and Discharges of, Federal Tax Lien
Certificate of Redemption
Notice of State Tax Lien
Modification Agreement
Subordination Agreement
A deed is recorded at the Indexing & Recording Department of the County Clerk's Office.
The document submitted for recordation will be proofed to ensure that it is in proper form and includes the following items:
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ORIGINAL document
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signature of the Grantor
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a proper acknowledgment of the Grantor’s signature by a Notary
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name of the person who prepared the document
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district and legal description of the property
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an "And Being" paragraph – This is information on the previous owner, to include: name, date, deed book number and page number. This information is necessary in order to follow change of title.
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declaration of Consideration of Value – This is the amount the property is sold for. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from tax.
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any and all exhibits must be attached.
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Exemptions from Property Transfer Fees (Excise Tax)
West Virginia Code § 11-22-1 defines “documents” which are not subject to transfer tax. They are listed as follows:
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Wills
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Transfers of real property where the value of the property transferred is $100 or less
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Testamentary or inter vivos trusts
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Deeds of partition
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Deeds made pursuant to mergers of corporations
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Deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender or the subsidiary’s stock
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Leases
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Transfers between husband and wife
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Transfers between parent and child
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Transfers between parent and child and his or her spouse, without consideration
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Transfers between a principal and straw party, without consideration, for any purpose
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Gifts to, or transfers from or between voluntary charitable or educational associations or trustees thereof, and like nonprofit corporations having the same or similar purposes
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Quitclaim or corrective deeds without consideration
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Transfers to or from the United States, the State of West Virginia, or to or from any or their instrumentalities, agencies or political subdivisions by gift, dedication, deed or condemnation proceedings
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Mortgages or deeds of trust given as security for debt
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In addition, Code §48-2-32 exempts any transfer of property under a decree of divorce, annulment or separate maintenance agreement. |
