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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4486
(By Delegates Frazier, Moore, Ellem and Hunt)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT
to amend and reenact §11A-3-52 and §11A-3-55 of the Code of
West Virginia, 1931, as amended, all relating to the
procedures, notice and redemption requirements which apply
when Class II real property is auctioned or sold for failure
to pay taxes; requiring the purchaser of real property at a
tax lien sale or auction to provide the actual mailing address
for the Class II property as a part of the post-sale or post-
auction information provided to the deputy commissioner; and
requiring that a copy of the notice of the right to redeem the
property be sent to the actual mailing address of the Class II
property, in the name of "Occupant".
Be it enacted by the Legislature of West Virginia:
That §11A-3-52 and 11A-3-55 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-3-52. What purchaser must do before he can secure a deed.
(a) Within forty-five days following the approval of the sale
by the auditor pursuant to section fifty-one of this article, the
purchaser, his heirs or assigns, in order to secure a deed for the
real estate purchased, shall:
(1) Prepare a list of those to be served with notice to redeem
and request the deputy commissioner to prepare and serve the notice
as provided in sections fifty-four and fifty-five of this article;
(2) When the real property subject to the tax lien was
classified as Class II property, provide the deputy commissioner
with the actual mailing address of the property that is subject to
the tax lien or liens purchased; and,
(3) Deposit, or offer to deposit, with the deputy commissioner
a sum sufficient to cover the costs of preparing and serving the
notice.
(b) If the purchaser fails to fulfill the requirements set
forth in paragraph (a) of this section, the purchaser shall lose
all the benefits of his or her purchase.
(c) After the requirements of paragraph (a) of this section
have been satisfied, the deputy commissioner may then sell the
property in the same manner as he sells lands which have been
offered for sale at public auction but which remain unsold after
such auction, as provided in section forty-eight of this article.
(d) If the person requesting preparation and service of the
notice is an assignee of the purchaser, he shall, at the time of
the request, file with the deputy commissioner a written assignment
to him of the purchaser's rights, executed, acknowledged and
certified in the manner required to make a valid deed.
§11A-3-55. Service of notice.
As soon as the deputy commissioner has prepared the notice
provided for in section fifty-four of this article, he shall cause
it to be served upon all persons named on the list generated by the
purchaser pursuant to the provisions of section fifty-two of this
article. Such notice shall be mailed and, if necessary, published
at least thirty days prior to the first day a deed may be issued
following the deputy commissioner's sale.
The notice shall be served upon all such persons residing or
found in the state in the manner provided for serving process
commencing a civil action or by certified mail, return receipt
requested. The notice shall be served on or before the thirtieth
day following the request for such notice.
If any person entitled to notice is a nonresident of this
state, whose address is known to the purchaser, he shall be served
at such address by certified mail, return receipt requested.
If the address of any person entitled to notice, whether a
resident or nonresident of this state, is unknown to the purchaser
and cannot be discovered by due diligence on the part of the purchaser, the notice shall be served by publication as a Class
III-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the publication
area for such publication shall be the county in which such real
estate is located. If service by publication is necessary,
publication shall be commenced when personal service is required as
set forth above, and a copy of the notice shall at the same time be
sent by certified mail, return receipt requested, to the last known
address of the person to be served. The return of service of such
notice, and the affidavit of publication, if any, shall be in the
manner provided for process generally and shall be filed and
preserved by the auditor in his office, together with any return
receipts for notices sent by certified mail.
In addition to the other notice requirements set forth in this
section, if the real property subject to the tax lien was
classified as Class II property at the time of the assessment, at
the same time the deputy commissioner issues the required notices
by certified mail, the deputy commissioner shall forward a copy of
the notice sent to the delinquent taxpayer by first class mail,
addressed to "Occupant", to the physical mailing address for the
subject property. The physical mailing address for the subject
property shall be supplied by the purchaser of the property,
pursuant to the provisions of section fifty-two of this article.