SER U.S. Bank National Assoc. v. Hon. Warren R. McGraw, Judge

KETCHUM, Justice:

This original proceeding in prohibition concerns whether the assignment of a trust deed, securing the payment of a promissory note for the purchase of residential real estate, must be recorded in the office of the clerk of the county commission.

A putative class action was filed in the Circuit Court of Wyoming County against the petitioners, U.S. Bank National Association, et al. (“trustees”), by the respondents, Wyoming County and all other similarly situated West Virginia counties (“Wyoming County”). Wyoming County alleged that the recording of trust deed assignments in…