H. B. 2574
(By Delegates Morgan, Stephens, Hartman, Eldridge,
Jones, Paxton, Lynch, Howell, Border, Folk
and J. Nelson)
[Introduced February 20, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11A-4-4 of the Code of West Virginia,
1931, as amended, relating to the right of an owner of real
estate to set aside a tax deed; and requiring possession by
the purchaser of delinquent real estate before the statute of
limitations takes effect.
Be it enacted by the Legislature of West Virginia:
That §11A-4-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. REMEDIES RELATING TO TAX SALES.
§11A-4-4. Right to set aside deed when one entitled to notice not
(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 notice has been given to others in time to protect his or her interests by redeeming the property, he
or she, or his or her heirs and assigns, may, before the expiration
of three years following the delivery of the deed possession of the
real estate by the purchaser at the tax sale, or his or her
successor in title, institute a civil action to set aside the deed.
No deed shall may be set aside under the provisions of this section
until payment has been made or tendered to the purchaser, or his or
her heirs or assigns, 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.
(b) No title acquired pursuant to this article
shall may 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 due shall
be paid within one month of the entry thereof of the court order.
Upon the failure to pay the same amount due within said period of
the required time, the court shall upon the request of the
purchaser, enter judgment dismissing the action with prejudice.
NOTE: The purpose of this bill is to require a purchaser of
real estate at a tax sale to take possession of the real estate,
before the statute of limitations within which the owner may seek
to set aside the deed starts tolling.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would