Escrow & Title
Under West Virginia's recording acts, a subsequent purchaser who records their deed first generally has priority over a prior purchaser who failed to record, provided the subsequent purchaser:
APaid a higher purchase price
BHad no actual or constructive notice of the prior conveyance at the time of purchase✓ Correct
CPurchased through a licensed real estate agent
DObtained title insurance
Explanation
West Virginia follows a race-notice recording system. A subsequent purchaser who records first and who had no actual or constructive notice of the prior unrecorded conveyance will prevail over the prior purchaser who failed to record.
Related West Virginia Escrow & Title Questions
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