H. B. 4476
(By Delegates Reynolds, Craig and Stephens)
[Introduced February 12, 2010; referred to the
Committee on Finance.]
A BILL to amend and reenact §11A-3-23 of the Code of West Virginia,
1931, as amended, relating to increasing the amount for a
title examination when a person redeems real property.
Be it enacted by the Legislature of West Virginia:
That §11A-3-23 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-3-23. 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 January
1 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
may not exceed
two hundred dollars $400; 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 $400 plus interest at the rate of one percent per
month from January 1 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 the amount for
a title examination when a person redeems real property that has
been sold for taxes from $200 to $400.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.