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Introduced Version House Bill 2097 History

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hb2097 intr
H. B. 2097


(By Delegate R. M. Thompson)

[Introduced February 9, 2005; referred to the

Committee on the Judiciary then Finance.]


FN



A BILL to amend and reenact §11A-3-23 of the code of West Virginia, 1931, as amended, relating to redemption of real estate; and providing that a person sixty-five years of age or older may redeem real estate owned by him or her by paying the delinquent taxes without paying other costs or liens, if the owner redeems the real estate within two years after the taxes become delinquent.

Be it enacted by the Legislature of West Virginia:

That §11A-3-23 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.

§11A-3-23. Redemption from purchase; receipt; list of redemptions; lien; lien of person redeeming interest of another; record.

(a) After the sale of any tax lien on any real estate pursuant to section five of this article, the owner of, or any other person who was entitled to pay the taxes on, any real estate for which a tax lien thereon was purchased by an individual may redeem at any time before a tax deed is issued for the real estate. In order to redeem, he or she shall pay to the clerk of the county commission the following amounts: (1) An amount equal to the taxes, interest and charges due on the date of the sale, with interest at the rate of one percent per month from the date of sale; (2) all other taxes which have since been paid by the purchaser, his or her heirs or assigns, with interest at the rate of one percent per month from the date of payment; (3) any additional expenses incurred from the first day of January of the year following the sheriff's sale to the date of redemption for the preparation of the list of those to be served with notice to redeem and any title examination incident thereto, with interest at the rate of one percent per month from the date of payment for reasonable legal expenses incurred for the services of an attorney who has performed an examination of the title to the real estate and rendered a written opinion and certification thereon: Provided, That the amount he or she shall be is required to pay, excluding the interest, for the expenses incurred for the preparation of the list of those to be served with notice to redeem required by section nineteen of this article and any title examination performed, shall may not exceed two hundred dollars; and (4) all additional statutory costs paid by the purchaser. Where the clerk has not received from the purchaser satisfactory proof of the expenses incurred in preparing the notice to redeem, and any examination of title incident thereto, in the form of receipts or other evidence of legal expenses incurred as provided in section nineteen of this article, the person redeeming shall pay the clerk the sum of two hundred dollars plus interest at the rate of one percent per month from the first day of January of the year following the sheriff's sale for disposition by the sheriff pursuant to the provisions of sections ten, twenty-four, twenty-five and thirty-two of this article.
The person redeeming shall be given receive a receipt for the payment.
(b) Any person who, by reason of the fact that no provision is made for partial redemption of the tax lien on real estate purchased by an individual, is compelled in order to protect himself or herself to redeem the tax lien on all of the real estate when it belongs, in whole or in part, to some other person, shall have a lien on the interest of that other person for the amount paid to redeem the interest. He or she shall lose his or her right to the lien, however, unless within thirty days after payment he or she files with the clerk of the county commission his or her claim in writing against the owner of the interest, together with the receipt provided for in this section. The clerk shall docket the claim on the judgment lien docket in his or her office and properly index the claim. The lien may be enforced as other judgment liens are enforced.
Notwithstanding any other provision of this code to the contrary, real property subject to a tax lien or purchased by an individual other than the owner through a sheriff's sale may be redeemed by an owner, sixty-five years of age or older at the time the taxes on his or her property became delinquent, if the owner redeems the property within two years after the property became delinquent.
The sheriff shall provide written notice of the provisions of this section to any person seeking to purchase real estate at a sheriff's sale as provided by this article. Any deed issued to a purchaser of real estate sold by the sheriff for delinquent taxes which is owned by a person sixty-five years of age or older when the taxes became delinquent is void and unenforceable from and after the time real estate is redeemed by the owner. In addition, any lien on the real estate held by any purchaser at a tax sale is released and the owner sixty-five years of age or older when the taxes became delinquent is exempt from any costs, except for the payment of the delinquent taxes, including any costs incurred by the sheriff in the sale of the real estate for delinquent taxes.




NOTE: The purpose of this bill is to provide that a person sixty-five years of age or older may redeem real estate owned by him or her by paying the delinquent taxes without other costs or liens, if the owner redeems the real estate within two years after the taxes become delinquent.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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