State Codes and Statutes
Statutes > West-virginia > 46 > 46-11-105§46-11-105. Transition provision on change of place of filing.
(1) A financing statement or continuation statement filed prior to the first day of July, one thousand nine hundred seventy- five, which shall not have lapsed prior to the first day of July, one thousand nine hundred seventy-five, shall remain effective for the period provided in the old code, but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of the new Uniform Commercial Code, any effective financing statement or continuation statement described in this section shall apply only if the filing of filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the new Uniform Commercial Code.
(3) The effectiveness of any financing statement or continuation statement filed prior to the first day of July, one thousand nine hundred seventy-five, may be continued by a continuation statement as permitted by the new Uniform Commercial Code, except that if the new Uniform Commercial Code requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 11-106 shall be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the new Uniform Commercial Code had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection (6) of section 9-402 of the new Uniform Commercial Code on the effective date of the new Uniform Commercial Code.
