H. B. 2926
(By Delegates Manuel, Pethtel and Faircloth )
[Introduced March 20, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact sections three, four and six, article
four, chapter eleven-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to requiring the sheriff to pay the purchaser the amount of
their bid together with any taxes, which had been paid on
the property since delivery of the deed in situations where
there is a right to set aside the deed or redemption by
persons under disability.
Be it enacted by the Legislature of West Virginia:
That sections three, four and six, article four, chapter
eleven-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
ARTICLE 4. REMEDIES RELATING TO TAX SALES.
§11A-4-3. Right to set aside deed improperly obtained.
(a) Whenever the clerk of the county commission has
delivered a deed to the purchaser after the time specified in
section twenty-seven of article three of this chapter, or, within
that time, has delivered a deed to a purchaser who was not
entitled thereto either because of his or her failure to meet the
requirements of section nineteen of said article three, or
because the property conveyed had been redeemed, the owner of
such property, his or her heirs and assigns, or the person who
redeemed the property, may, before the expiration of three years
following the delivery of the deed, institute a civil action to
set aside the deed. No deed shall be set aside under the
provisions of this section, except in the case of redemption,
until payment has been made or tendered to the purchaser, or his
heirs or assigns sheriff, of the amount which would have been
required for redemption, together with any taxes which have been
paid on the property since delivery of the deed, with interest at
the rate of twelve percent per annum a year. The sheriff shall
pay the purchaser the amount of their bid together with and
taxes, which have been paid on the property since delivery of the
deed with interest at the rate of twelve percent a year.
(b) Whenever the deputy commissioner has delivered a deed to
the purchaser after the time specified in section fifty-nine of
article three of this chapter, or, within that time, has
delivered a deed to a purchaser who was not entitled thereto
either because of his or her failure to meet the requirements of section fifty-two of said article three, or because the property
conveyed had been redeemed, the owner of such property, his or
her heirs and assigns, or the person who redeemed the property,
may, before the expiration of three years following the delivery
of the deed, institute a civil action to set aside the deed. No
deed shall is to be set aside under the provisions of this
section, except in the case of redemption, until payment has been
made or tendered to the purchaser, or his heirs or assigns
sheriff, of the amount which would have been required for
redemption, together with any taxes which have been paid on the
property since delivery of the deed, with interest at the rate of
twelve percent per annum a year. The sheriff shall pay the
purchaser the amount of their bid together with and taxes, which
have been paid on the property since delivery of the deed with
interest at the rate of twelve percent a year.
§11A-4-4. Right to set aside deed when one entitled to notice
not notified.
(a) If any person entitled to be notified under the
provisions of section twenty-two or fifty-five, article three of
this chapter is not served with the notice as therein required,
and does not have actual knowledge that such the notice has been
given to others in time to protect his
or her
interests by
redeeming the property, he or she, his
or her
heirs and assigns,
may, before the expiration of three years following the delivery
of the deed, institute a civil action to set aside the deed. No deed shall is to be set aside under the provisions of this
section until payment has been made or tendered to the purchaser,
or his heirs or assigns
sheriff
, of the amount which would have
been required for redemption, together with any taxes which have
been paid on the property since delivery of the deed, with
interest at the rate of twelve percent
per annum a year. The
sheriff shall pay the purchaser the amount of their bid together
with and taxes, which have been paid on the property since
delivery of the deed with interest at the rate of twelve percent
a year.
(b) No title acquired pursuant to this article shall is to
be set aside in the absence of a showing by clear and convincing
evidence that the person who originally acquired such title
failed to exercise reasonably diligent efforts to provide notice
of his
or her
intention to acquire such title to the complaining
party or his
or her
predecessors in title.
(c) Upon a preliminary finding by the court that the deed
will be set aside pursuant to this section, such the amounts
shall are to be paid within one month of the entry thereof. Upon
the failure to pay the same within said the period of time, the
court shall upon the request of the purchaser, enter judgment
dismissing the action with prejudice.
§11A-4-6. Redemption by persons under disability from purchase
by individual.
In addition to and notwithstanding any other provisions of this article, any infant or mentally incapacitated person whose
real estate was, during such the disability, conveyed by tax deed
pursuant to this chapter to an individual purchaser, may redeem
such the real estate by paying to the purchaser, or his heirs or
assigns
sheriff
, before the expiration of one year after removal
of the disability, but in no event more than twenty years after
the deed was obtained, the amount of the purchase money, together
with the necessary charges incurred in obtaining the deed, and
any taxes paid on the property since the sale, with interest on
such the items at the rate of twelve percent per annum a year
from the date each was paid.
The sheriff shall pay the purchaser
the amount of their bid together with and taxes, which have been
paid on the property since delivery of the deed with interest at
the rate of twelve percent a year.
If such the person was the owner of an undivided interest in
the real estate sold, he or she may redeem such the interest by
paying that proportion of the purchase money, charges, taxes and
interest chargeable to his or her interest; but after a deed has
been delivered to the purchaser, he or she shall not have the
right to redeem more than his or her own undivided interest. If
improvements have been made on such real estate after the deed
was obtained and before the offer to redeem as herein provided,
the person redeeming shall pay to the purchaser, or his or her
heirs or assigns, the value of the improvements at the time of
such the offer, after deducting therefrom the value of the use of such the real estate without the improvements, from the date of
the deed to the date of the offer. Upon payment or tender of
payment, the purchaser, his or her heirs or assigns, shall, at
the expense of the person redeeming, convey to him or her
by
quitclaim deed the real estate so redeemed.
One entitled to redeem under the provisions of this section
may, if he or she
is unable or is not willing to pay for the
improvements made by the purchaser, elect to relinquish his or
her
interest in the property. If he or she
so elects, he or she
shall be entitled to an amount equal to the estimated present
value of the land without the improvements less what he or she
would have had to pay to redeem the land had no improvements been
made. Upon payment to him or her
of such amount, he or she
shall
by quitclaim deed convey the land to the purchaser, his or her
heirs or assigns.
If in any case provided for in this section the parties
cannot agree on the amount to be paid, any of them may upon ten
days' notice in writing to the other, or others, apply by
petition, to the circuit court of the county in which the real
estate is situated to have the matter referred to a commissioner
to ascertain the proper amount to be paid. Upon confirmation by
the court or judge of the report of the commissioner, and upon
payment or tender of the amount, if any, so ascertained to be
due, the person to whom payment or tender was made, shall execute
the quitclaim deed as provided above. In the event of his or her
refusal to do so, the court, or judge, may appoint a commissioner
to execute the deed.
If there is a refusal to execute the deed in any case in
which there was no dispute as to the amount necessary for
redemption, the person entitled to the deed may, upon ten days'
notice in writing to the other party or parties, apply by
petition to the circuit court for the appointment of a
commissioner to execute the deed.
NOTE: The purpose of this bill is to
require the sheriff to pay
the purchaser the amount of their bid together with any taxes,
which had been paid on the property since delivery of the deed in
situations where there is a right to set aside the deed or
redemption by persons under disability.
§11A-6-3, §11A-6-4 and
§11A-6-6
are being amended and
reenacted. 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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