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Introduced Version House Bill 2117 History

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hb2117 intr
H. B. 2117


(By Delegate Schadler)

[Introduced February 9, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §11A-3-23 of the Code of West Virginia, 1931, as amended, relating to increasing the title examination costs charged by the clerk of the county commission from two hundred dollars to four hundred dollars to redeem real estate.

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 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 not exceed two four 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 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 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.


NOTE: The purpose of this bill is to increase from two hundred dollars to four hundred dollars the title examination costs charged by the clerk of the county commission to redeem real estate.

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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