H. B. 2485
(By Mr. Speaker, Mr. Kiss)
[Introduced March 11, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections twenty-three and
twenty-five, article three, chapter eleven-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to title searches on real estate
purchased at sheriff's sale for delinquent taxes; no charge
or interest for title examination if property redeemed
within seven months; no payment to purchaser.
Be it enacted by the Legislature of West Virginia:
That sections twenty-three and twenty-five, article three,
chapter eleven-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 3. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
§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
therefor. In order to redeem, he must 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 thereon at the rate of one percent per month from the
date of sale; (2) all other taxes thereon, 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) such the additional expenses as may have been incurred in
preparing 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, but the
amount he or she shall be required to pay, excluding said
interest, for such 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
incident thereto, shall may not exceed two 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 thereof, the person redeeming shall
pay the clerk the sum of two hundred dollars plus interest
thereon at the rate of one percent per month from the date of the
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. Notwithstanding any provision to the contrary in this
subsection, effective the first day of July, one thousand nine
hundred ninety-seven, no charge or interest may be assessed for
a title examination of real estate sold pursuant to this article
if that real estate is redeemed within seven months of the sale.
(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 such the real
estate when it belongs, in whole or in part, to some other
person, shall have a lien on the interest of such the other
person for the amount paid to redeem such the interest. He or
she shall lose his or her right to the lien, however, unless within thirty days after payment he or she shall file with the
clerk of the county commission his or her claim in writing
against the owner of such 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 same. Such The lien may be enforced as other judgment
liens are enforced.
§11A-3-25. Distribution of surplus to purchaser.
(a) Where the land has been redeemed in the manner set forth
in section twenty-three of this article, and the clerk has
delivered the redemption money to the sheriff pursuant to section
twenty-four of this article, the sheriff shall, upon delivery of
the sum necessary to redeem, promptly notify the purchaser, his
or her heirs or assigns, by mail, of the fact of the redemption
and pay to the purchaser, his or her heirs or assigns the
following amounts: (1) From the sale of tax lien surplus fund
provided by section ten of this article: (A) The surplus of
money paid in excess of the amount of the taxes, interest and
charges due and paid to the sheriff at the sale; and (B) the
amount of taxes, interest and charges due on the date of the
sale, plus the interest at the rate of one percent per month from
the date of sale to the date of redemption; (2) all other taxes
thereon, 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) such the additional expenses
as may have been incurred in preparing 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, but the amount which shall be paid,
excluding said the interest, for such 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 incident thereto, shall may not exceed two
hundred dollars; and (4) all additional statutory costs paid by
the purchaser. Notwithstanding any provision to the contrary in
this subsection, effective the first day of July, one thousand
nine hundred ninety-seven, no payment may be made to the
purchaser for expenses incurred conducting a title examination of
real estate sold pursuant to this article if that real estate is
redeemed within seven months of the sale;
(b) (1) The notice shall include:
(A) A copy of the redemption certificate issued by the
county clerk;
(B) An itemized statement of the redemption money to which
the purchaser is entitled pursuant to the provisions of this
section; and
(C) Where, at the time of the redemption, the clerk has not
received from the purchaser satisfactory proof of the expenses
incurred in preparing the list of those to be served with notice
to redeem and any title examination incident thereto, the clerk
shall also include instructions to the purchaser as to how these
expenses may be claimed.
(2) Subject to the limitations of this section, the
purchaser is entitled to recover any expenses incurred in
preparing the list of those to be served with notice to redeem
and any title examination incident thereto from the date of the
sale to the date of the redemption.
(c) Where, pursuant to section twenty-three of this article,
the clerk has not received from the purchaser satisfactory proof
of the expenses incurred in preparing the list of those to be
served with notice to redeem, and any title examination incident
thereto, in the form of receipts or other evidence thereof, and
therefore received from the purchaser as required by said the
section and delivered to the sheriff the sum of two hundred
dollars plus interest thereon at the rate of one percent per
month from the date of the sale to the date of redemption, and
the sheriff has not received from the purchaser such satisfactory
proof of such the expenses within thirty days from the date of
notification, the sheriff shall refund such the amount to the person redeeming and the purchaser is barred from any claim
thereto. Where, pursuant to said the section, the clerk has
received from the purchaser and therefore delivered to the
sheriff said the sum of two hundred dollars plus interest thereon
at the rate of one percent per month from the date of the sale to
the date of redemption, and the purchaser provides the sheriff
within thirty days from the date of notification such
satisfactory proof of such the expenses, and the amount of such
the expenses is less than the amount paid by the person
redeeming, the sheriff shall refund the difference to the person
redeeming.
NOTE: The purpose of this bill is provide that if property
is sold for delinquent taxes at a sheriff's sale and is redeemed
within seven months, then no charge or interest may be assessed
for a title search of that property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.