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Posted by BP/WV on 4/4/06 9:11am
I feel for you. This is a statewide issue that has been upsetting borrowers for a while. You are not alone. However, you must understand that the law is the law and it is in place for your protection. The fee that you were quoted most likely includes some title work. I am sure it is not just a closing fee.
West Virginia Law W.Va 33-11A-11[c] states: Title search and examination must be conducted by an attorney licensed to practice law in the state of West Virginia. No title insurance shall be issued until the title insurance company has obtained a title opinion of an attorney licensed to practice law in West Virginia, which is not an employee, agent or owner of the insured bank or its affiliates.
Also, in response to your question regarding the actual WV code regarding notaries conducting real estate closings, I have found the following:
Section 4a, Article 1, chapter 51 of the West Virginia Code
The Committee on Unlawful Practice of The West Virginia State Bar has received a request from an attorney inquiring as to whether or not the preparation of deeds of trust by a bank, and the designation of bank officers as trustees therein, constitutes the unlawful practice of law. Accompanying this inquiry are various copies of deeds of trust that are in use by the Trader's Bank of Spencer, West Virginia. The deeds of trust are pre-printed forms which require the insertion of certain information, including the name and address of the grantor, a description of the property covered by the deed of trust, and information regarding the underlying note obligation. The form contains the printed notation that they were printed by "Banker's System. Inc." The deed of trust form further contains the notation that the instrument was prepared by "Trader's Bank".
Pursuant to the provisions of Section 4a, Article 1, chap- ter 51 of the West Virginia Code of 1931, as amended, the West Virginia Supreme Court, on March 28, 1987, by rule discussed and defined the practice of law in the State of West Virginia in the following terms, in part:
It is essential to the administration of justice and the proper protection of society that only qualified persons duty licensed be permitted to engage in the practice of law. It is harmful to the public interests to permit anyone to represent falsely that he is qualified to perform legal services ...
In general, one is deemed to be practicing law whenever he or it furnishes to another advice or service under circumstances which imply the possession or use of legal knowledge and skill.
More specifically but without purporting to for- mutate a precise and completely comprehensive definition of the practice of law or to prescribe limits to the scope of that activity, one is deemed to be practicing law whenever (1) one undertakes, with or without compensation and whether or not in connection with another activity, to advise another in any matter involving the application of legal principles to facts, purposes or desires; (2) one undertakes, with or without compensation and whether or not in connection with another activity, to prepare for another legal instruments of any character; or (3) one undertakes, with or without compensation and whether or not in connection with another activity, to represent the interests of another before any judicial tribunal or officer, or to represent the interest of another before any executive or administrative tribunal, agency or officer otherwise than in the presentation of facts, figures or factual conclusions as distinguished from legal conclusions in respect to such facts and figures.
you will find a plethora of information by following this link:
http://www.wvbar.org/BARINFO/Research/unlawfulprac/
Good luck.
Disclaimer: I am not a lawyer. The above information should not be used as legal advice, as it is just my own opinion.
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