A. All deeds, orders of probate, fiduciary accounts, and all other papers and writings received prior to July 1, 1995, by any clerk of any court of the Commonwealth and transcribed, or purported to be transcribed, in the proper book in such clerk's office provided by law for the transcribing and recordation of such deeds, orders of probate, fiduciary accounts, or other papers and writings, the certificate of receipt and of recordation of which had not received the attesting signature of such clerk on the date aforesaid, and which had not on such date been verified as required by law, shall prima facie be, and be deemed to be, as truly received, recorded, and verified as if the same had been so attested by the signature of such clerk.
B. Every clerk of any court of the Commonwealth in whose office any such deed, order of probate, fiduciary account, or other paper or writing as is mentioned in subsection A has been transcribed upon the proper book in such office, provided by law therefor, and which transcription has not received the attesting signature of the clerk who recorded the same, upon production before such clerk of the original of such deed, order of probate, fiduciary account, or paper or writing shall verify the accuracy of such transcription by a careful examination and comparison of such transcription with the original paper so recorded, and thereupon the clerk shall attest such transcription by signing thereto the name of the clerk who received the original paper for record and his own name as follows:
"Teste ________, former clerk per
________, his successor."
C. For such service the clerk shall receive a fee of 25 cents ($0.25), to be paid by the person for whose benefit the service was performed, and the record, so certified and verified, shall have the same effect as if it had been properly certified and verified by the clerk who received the same and who should have so certified and verified the same.
D. This section shall have a retroactive effect.
1920, p. 566; Michie Code 1942, § 3407a; Code 1950, § 55-137.1; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2013, c. 263; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 6 - Recordation of Documents
§ 55.1-600. When and where writings recorded
§ 55.1-601. Recording and indexing of certain documents showing changes of names
§ 55.1-602. Presumption that recorded writings are in proper form
§ 55.1-603. Deed of real estate investment trust
§ 55.1-604. When clerk may refuse document to be recorded
§ 55.1-605. Power of attorney; where recorded
§ 55.1-606. Standards for writings to be docketed or recorded
§ 55.1-607. When original of writing once recorded is lost, how copy recorded elsewhere
§ 55.1-609. Correcting errors in deeds, deeds of trust, and mortgages; affidavit
§ 55.1-610. Recordation of copy of lost deed previously recorded in what is now West Virginia
§ 55.1-612. Acknowledgment within the United States or its dependencies
§ 55.1-613. Acknowledgments outside of the United States and its dependencies
§ 55.1-615. Acknowledgments taken before commissioned officers in military service
§ 55.1-617. Proof of authority of person performing notarial act
§ 55.1-618. What person taking acknowledgment shall certify
§ 55.1-619. When form of certificate of acknowledgment accepted
§ 55.1-620. Meaning of "acknowledged before me."
§ 55.1-621. Statutory short forms of acknowledgment
§ 55.1-622. Application of article; article cumulative
§ 55.1-623. Uniform interpretation
§ 55.1-624. Deeds of corporations; how to be executed and acknowledged
§ 55.1-625. Acknowledgments on behalf of corporations and others
§ 55.1-626. Corporate acknowledgment taken before officer or stockholder
§ 55.1-627. Acts of notaries public, etc., who have held certain other offices
§ 55.1-628. Validation of acknowledgments when seal not affixed
§ 55.1-629. Acknowledgment taken by trustee in deed of trust
§ 55.1-630. Acknowledgment taken by trustee in deed of trust; later date
§ 55.1-631. Certain acknowledgments taken and certified before July 1, 1995
§ 55.1-632. Acknowledgments taken by certain justices of the peace, mayors, etc.
§ 55.1-633. Acknowledgments taken by officers after expiration of terms
§ 55.1-634. Acknowledgments taken by notaries in service during World War I
§ 55.1-635. Acknowledgments before foreign officials who failed to affix seals
§ 55.1-636. Acknowledgments taken by notaries in foreign countries
§ 55.1-637. Acknowledgments taken by officer who was spouse of grantee
§ 55.1-638. Acknowledgment when notary certifies erroneously as to expiration of commission
§ 55.1-640. Acknowledgments taken before notary whose commission has expired
§ 55.1-644. Deeds defectively executed by corporation
§ 55.1-645. Deeds to which corporate seal not affixed or not attested
§ 55.1-646. Acknowledgments of corporations taken by officers or stockholders
§ 55.1-647. Recordation certificate not signed by clerk
§ 55.1-648. Recordation certificate not signed by clerk; when clerk has died
§ 55.1-649. Recordation of judgments affecting title to land
§ 55.1-650. Judgments of United States courts affecting realty
§ 55.1-651. Orders in bankruptcy
§ 55.1-652. Certificates of commencement of case in bankruptcy
§ 55.1-653. Where notices and certificates affecting liens to be filed
§ 55.1-654. Certification of notices and certificates
§ 55.1-655. Duties of filing officers
§ 55.1-656. Fees of filing officers other than clerk of State Corporation Commission
§ 55.1-657. Fees of clerk of State Corporation Commission
§ 55.1-658. Construction of article
§ 55.1-659. Certificates and notices affecting liens filed on or before July 1, 1970
§ 55.1-660. No action to be brought against the State Corporation Commission or its staff
§ 55.1-662. Validity of electronically filed and recorded land records
§ 55.1-663. Recording of electronic documents among the land records
§ 55.1-665. Uniformity of application and construction
§ 55.1-666. Relation to Electronic Signatures in Global and National Commerce Act