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Assignments

In West Virginia, an "Assignment document" generally refers to a legal instrument that transfers rights, interests, or property from one party (the assignor) to another (the assignee). This can apply to various contexts—real estate, contracts, debts, or other legal entitlements—but it most commonly appears in property law, such as the assignment of a deed of trust, mortgage, or lease. The document serves as evidence of the transfer, ensuring the assignee steps into the assignor’s shoes with respect to the rights or obligations involved. In the state, such documents must meet specific legal standards for validity and recording, often tied to statutes governing property and conveyances.


The West Virginia State Code provides the framework for assignments, particularly in Chapter 38 (Liens) and Chapter 40 (Acts Validating Conveyances), with additional procedural details in Chapter 55 (Actions, Suits, and Arbitration) and Chapter 59 (Fees, Allowances, and Costs). Below is an explanation with relevant code references:


Definition and Purpose:

An assignment document transfers an interest—like a mortgage or a lien—from one party to another. For example, in real estate, a lender might assign a deed of trust to another entity. The document specifies what is being transferred, to whom, and under what terms. It doesn’t create a new obligation but reassigns an existing one. While no single statute defines “assignment” universally, W. Va. Code §38-1-1 et seq. (Trust Deeds) implicitly recognizes assignments by governing how trust deeds—common financing tools—are managed and transferred.

Formal Requirements:

For an assignment to be legally recognized, especially for real property, it must be in writing and signed by the assignor. This aligns with the Statute of Frauds in West Virginia, found in W. Va. Code §55-1-1, which requires written evidence for contracts involving land transfers or interests therein. The assignment typically includes:

  • Names of the assignor and assignee.
  • A description of the right or property being assigned (e.g., a legal description of real estate).
  • Consideration (if any), though not always required for validity.
  • Date and notarization, if intended for recording.

Recording in County Clerk’s Office:

To protect the assignee’s interest against third parties—like subsequent buyers or creditors—the assignment should be recorded with the county clerk where the property lies. W. Va. Code §40-1-9 mandates that deeds, trust deeds, and similar instruments (including assignments thereof) be recorded to provide constructive notice. For instance, an assignment of a deed of trust must be filed under W. Va. Code §38-1-4, which governs trust deed execution and recording, ensuring the assignee’s lien priority is preserved. The clerk records it in a “Deed Book” or “Trust Deed Book,” with fees outlined in W. Va. Code §59-1-10 (e.g., typically $10-$15 for the first few pages).

Examples in Context:

  • Real Estate: An assignment of a mortgage transfers the lender’s right to collect payments to a new entity. The original mortgage remains intact, but the assignee assumes the creditor’s role. W. Va. Code §38-1-13 allows trustees or beneficiaries under a trust deed to assign their interests, with recording ensuring enforceability.
  • Personal Property or Contracts: Assignments of leases or contract rights (e.g., royalties) are valid without recording but may still be formalized in writing for clarity, per W. Va. Code §55-1-1.
  • Church Property: Under W. Va. Code §35-1-7 (from your earlier question), church trustees could hypothetically assign property rights held in trust, though this would require ecclesiastical approval and recording.

 

Legal Effect:

Once executed and recorded, the assignee gains the assignor’s rights, subject to any defenses the obligor (e.g., debtor) had against the original assignor. For instance, in a mortgage assignment, the new lender can foreclose if the borrower defaults, per W. Va. Code §38-1-3. Non-recorded assignments are still valid between the parties but risk losing priority to subsequent recorded interests.

Practical Process:

In West Virginia, creating an assignment involves drafting the document (often with legal assistance), signing it before a notary, and filing it with the county clerk. For a property in Monongalia County, you’d submit it to the Morgantown clerk’s office, pay the fee, and receive a stamped copy. The clerk indexes it by grantor (assignor) and grantee (assignee) for public access, unless privacy exemptions apply (rare for property records).

In summary, an assignment document in West Virginia is a versatile legal tool for transferring rights, grounded in statutes like §38-1-4, §40-1-9, and §55-1-1. Its enforceability hinges on proper execution and recording, ensuring clarity and protection in a state where property law balances formality with practical administration. Whether it’s a bank assigning a loan or a trustee shifting church assets, the process reflects West Virginia’s structured yet adaptable legal tradition.