West Virginia Code § 46-9-515

Duration and effectiveness of financing statement; effect of lapsed
Open in Lexace · Ask the AI about this section
financing statement.
(a) Five-year effectiveness. -- Except as otherwise provided in subsections (b), (e), (f) and (g)
of this section, a filed financing statement is effective for a period of five years after the date
of filing.
(b) Public-finance or manufactured-home transaction. -- Except as otherwise provided in
subsections (e), (f) and (g) of this section, an initial financing statement filed in connection
with a public-finance transaction or manufactured-home transaction is effective for a period
of forty years after the date of filing if it indicates that it is filed iun connection with a public-
finance transaction or manufactured-home transaction.
(c) Lapse and continuation of financing statement. -- The effectiveness of a filed financing
statement lapses on the expiration of the period of its effectiveness unless before the lapse a
continuation statement is filed pursuant to subsection (d) of this section. Upon lapse, a
financing statement ceases to be effective and any lsecurity interest or agricultural lien that
was perfected by the financing statement becsomes unperfected, unless the security interest
is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon
lapse, it is deemed never to have been perfected as against a purchaser of the collateral for
value. g
(d) When continuation statement may be filed. -- A continuation statement may be filed only
within six months before the expiration of the five-year period specified in subsection (a) of
this section or the thirty-year period specified in subsection (b) of this section, whichever is
applicable.
(e) Effect of filing continuation statement. -- Except as otherwise provided in section five
hundred ten of this article, upon timely filing of a continuation statement, the effectiveness
of the initial financing statement continues for a period of five years commencing on the day
on wWhich the financing statement would have become ineffective in the absence of the filing.
Upon the expiration of the five-year period, the financing statement lapses in the same
manner as provided in subsection (c) of this section, unless, before the lapse, another
continuation statement is filed pursuant to subsection (d) of this section. Succeeding
continuation statements may be filed in the same manner to continue the effectiveness of the
initial financing statement.
(f) Transmitting utility financing statement. -- If a debtor is a transmitting utility and a filed
initial financing statement so indicates, the financing statement is effective until a
termination statement is filed.
(g) Record of mortgage as financing statement. -- A record of a mortgage that is effective as
a financing statement filed as a fixture filing or as a financing statement covering as-
extracted collateral or timber to be cut under subsection (c), section five hundred two of this
article remains effective as a financing statement filed as a fixture filing or as a financing
statement covering as-extracted collateral or timber to be cut until the mortgage is released
or satisfied of record or its effectiveness otherwise terminates as to the real property.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.