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Introduced Version Senate Bill 40 History

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sb40 intr
Senate Bill No. 40

(By Senators Jenkins and Plymale)

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[Introduced February 9, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §11A-3-20 of the Code of West Virginia, 1931, as amended, relating to a sheriff's tax on sale of real estate erroneously assessed or nonexistent; and modifying the method for a purchaser to recover the purchase money.

Be it enacted by the Legislature of West Virginia:
That §11A-3-20 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-3-20. Refund to purchaser of payment made at sheriff's sale where property is subject of an erroneous assessment or is otherwise nonexistent.

If, after by the thirty-first day of December of the year following payment of the amount bid at a sheriff's sale, the purchaser discovers that the lien purchased at such that sale is the subject of an erroneous assessment or is otherwise nonexistent, such the purchaser shall submit the abstract or certificate of an attorney at law that the property is the subject of an erroneous assessment or is otherwise nonexistent. Upon receipt thereof, of the abstract or certificate, the sheriff shall cause the moneys so paid to be refunded. Upon refund, the sheriff shall inform the assessor of the erroneous assessment for the purpose of having the assessor correct said the error. For failure to meet this requirement, the purchaser shall lose all benefits of his or her purchase.

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(
NOTE: The purpose of this bill is to limit the time in which a purchaser of erroneously assessed or nonexistent real estate at a sheriff's tax sale may claim a refund.

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