H. B. 2792
(By Delegates Schadler, Webster,
Ellem and Trump)
[Introduced January 30, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section twenty-three, article three,
chapter eleven-a of the code of West Virginia, one thousand
nine hundred thirty-one, 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 section twenty-three, article three, 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:
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE
AND UNAPPROPRIATED LANDS.
ยง11A-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 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.
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.