Introduced Version House Bill 2574 History

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HB2574 intr
H. B. 2574

          (By Delegates Morgan, Stephens, Hartman, Eldridge,
           Jones, 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:
§11A-4-4. Right to set aside deed when one entitled to notice not notified.
                                            (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 be added.
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