Senate Bill No. 528

(By Senator Craigo)

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[Introduced March 24, 1997; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact sections fourteen, sixteen, nineteen, twenty-one, twenty-three, twenty-four 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 sheriff's tax lien sales; requiring the purchaser of any tax lien to pay current taxes before a certificate of sale is issued; extending the time limit before charges attach for lien searches and preparation of notices to redeem; providing a grace period publishing a sheriff's sale list and redemption of property; and clarifying the standard notice to redeem forms.

Be it enacted by the Legislature of West Virginia:
That sections fourteen, sixteen, nineteen, twenty-one, twenty-three, twenty-four 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-3-14. Purchase by individual at tax sale; certificate of sale.
(a) If any person, being The highest bidder present at the sale provided for in section five of this article, bids and pays at least the amount of taxes, interest and charges for which the tax lien on any real estate is offered for sale, and pays any subsequent taxes due at the time of sale, the sheriff shall issue to him or her a certificate of sale for the purchase money. The heading of the certificate shall be:
Memorandum of tax lien on real estate sold in the county of on this day of , 19 , for the nonpayment of taxes charged thereon for the year (or years) 19 .
Except for the heading, the tax commissioner shall prescribe the form of the receipt.
(b) The certificate of sale shall describe the real estate subject to the tax lien that was sold, the total amount of all taxes, interest, penalties and costs paid for each lot or tract, and the rate of interest to which the purchaser shall be is entitled upon redemption. The certificate shall also set forth columns for the entry of subsequent taxes and costs required to be paid on the date of the sale, and for the entry of subsequent taxes and costs paid after the sale. For each certificate so delivered, the purchaser shall pay a fee of ten dollars, and such that amount shall be included in the costs described therein in the certificate.
§11A-3-16. Subsequent tax payments by purchaser.
Any person who has paid any subsequent taxes, other than subsequent taxes paid on the date of the sale provided for in section fourteen of this article, on lands for which he or she holds the certificate of sale described in section fourteen or fifteen of this article shall produce such the certificate and copies of paid tax receipts to the clerk of the county commission, who shall endorse the amount of such the subsequent taxes and the date of payment thereof of the taxes in his or her records upon the payment to the clerk of a fee therefor for the endorsement in the amount of two dollars.
§11A-3-19. What purchaser must do before he or she can secure deed.
(a) At any time after the thirty-first day of October thirty-first of the year following the sheriff's sale, and on or before the thirty-first day of December thirty-first of the same year, the purchaser or his or her heirs or assigns, in order to secure a deed for the real estate subject to the tax lien or liens purchased, shall: (1) Prepare a list of those to be served with notice to redeem and request the clerk to prepare and serve the notice as provided in sections twenty-one and twenty-two of this article; (2) provide to the clerk of the county commission any additional expenses incurred after the first day of April of the year following the sheriff's sale in preparing the list of those to be served with notice to redeem the property and any title examination incident to the redemption. The purchaser, his or her ... or assigns shall provide satisfactory proof of the additional expenses in the form of receipts or some other form of evidence of legal expenses incurred for the services of attorneys, paralegals or other persons who regularly perform such services as a standard practice of their employment; (2) (3) deposit, or offer to deposit, with the clerk, a sum sufficient to cover the costs of preparing and serving the notice; and (3) (4) present the purchaser's certificate of sale, or order of the county commission where the certificate has been lost or wrongfully withheld from the owner, to the clerk of the county commission. For failure to meet these requirements, the A purchaser who fails to meet the requirements of this subsection shall lose all the benefits of his or her purchase.
(b) If the person requesting preparation and service of the notice is an assignee of the purchaser, he or she shall, at the time of the request, file with the clerk a written assignment to him or her of the purchaser's rights, executed, acknowledged and certified in the manner required to make a valid deed.
(c) Whenever any certificate given by the sheriff for a tax lien on any land, or interest therein in any land sold for delinquent taxes, or any assignment thereof of the interest, is lost or wrongfully withheld from the rightful owner thereof of the land or interest in the land and such the land or interest has not been redeemed, the county commission may receive evidence of such the loss or wrongful detention and, upon satisfactory proof of such that fact, may cause a certificate of such the proof and finding, properly attested by the county clerk under the seal of the county, to be delivered to such the rightful claimant, and a record thereof of the certificate shall be duly made by the county clerk in the recorded proceedings of the commission.
§11A-3-21. Notice to redeem.
(a) Whenever the provisions of section nineteen of this article have been complied with, the clerk of the county commission shall thereupon prepare a notice in form or effect as follows:
To___________________________________.
You will take notice that ___________, the purchaser (or _____________, the assignee, heir or devisee of ____________ ,the purchaser) of the tax lien(s) on the following real estate, ________________, (here describe the real estate for which the tax lien(s) thereon were sold) located in _____________, (here name the city, town or village in which the real estate is situated or, if not within a city, town or village, give the district and a general description) which was returned delinquent in the name of ________________, and for which the tax lien(s) thereon was sold by the sheriff of _______________ County at the sale for delinquent taxes made on the _________________ day of _____________, 19___ , has requested that you be notified that a deed for such real estate will be made to him or her on or after the first day of April, 19 , as provided by law, unless before that day you redeem such real estate. The amount you will have to pay to redeem on the last day, March thirty-first, will be as follows:
Amount equal to the taxes, interest, and charges due on the date of sale, with interest to March 31, 19__ ........$__________
Amount of subsequent years taxes paid on the property, during and since the sale, with interest to March 31, 19__ .......................... $___________
Amount paid for title examination and preparation of list of those to be served, and for preparation and service of the notice with interest from April 1, ________(insert year following the sheriff's sale) to March 31, 19__ ...................... $__________
Amount paid for other statutory costs (describe) _______________________________________________________________ _______________________..................... $___________
Total ............... $_____________
You may redeem at any time before March thirty-first, nineteen hundred _______________, by paying the above total less any unearned interest.
Given under my hand this _________ day of _______________, 19____.
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Clerk of the County Commission
of ___________________ County,
State of West Virginia
(b) The clerk for his or her service in preparing the notice shall receive a fee of five dollars for the original and one dollar for each copy required. The clerk shall collect an additional fee for any costs which must be expended in addition thereto for publication, or service of such the notice in the manner provided for serving process commencing a civil action, or for service of process by certified mail. shall be charged by the clerk All costs provided by this section shall be included as redemption costs and included in the notice described herein
required by this subsection.
§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 on the real estate was purchased by an individual may redeem the tax lien at any time before a tax deed is issued therefor for the real estate. In order to redeem, he or she 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 on the real estate, 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 any additional expenses as may have been that were incurred, from the first day of April of the first year following the sheriff's sale to the date of redemption, in preparing the list of those to be served with notice to redeem and any title examination incident thereto to the redemption with interest at the rate of one percent per month from the date of payment for legal expenses incurred for the services of attorneys, paralegals or other persons who regularly perform such services as a standard practice of their employment. but The amount he shall be required to pay 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 to the redemption, shall 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 to the redemption, in the form of receipts or some other form of evidence thereof of legal expenses incurred for the services of attorneys, paralegals or other persons who regularly perform such services as a standard practice of their employment, 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 first of April of the first year following the sheriff's sale 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 clerk shall give the person redeeming shall be given the tax lien 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 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 files 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 claim. Such The lien may be enforced as other judgment liens are enforced.
§11A-3-24. Notice of redemption to purchaser; moneys received by sheriff.
(a) Upon payment of the sum necessary to redeem, the clerk shall deliver to the sheriff the redemption money paid and the name and address of the purchaser or his or her heirs and assigns. The clerk shall also note the fact of redemption on his or her record of delinquent lands.
(b) Of the redemption money received by the sheriff pursuant to this section, the sheriff shall deposit into the sale of tax lien surplus fund provided by section ten of this article: the amount thereof equal to (1) 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 thereon from the date of sale to the date of redemption; (2) the amount of any subsequent years' taxes paid after the sheriff's sale, plus interest at the rate of one percent per month thereon from the date of payment to the date of redemption; (3) the amount of any additional expenses incurred after the first day of April of the first year following the sheriff's sale in preparing the list of those to be served with notice to redeem and any title examination prepared, plus interest at a rate of one percent per month from the date of payment to the date of redemption; (4) in cases where the clerk has not received from the purchaser satisfactory proof of such expenses as indicated in subdivision three of this subsection in the form of receipts or some other form of evidence of legal expenses incurred for the services of attorneys, paralegals or other persons who regularly perform such services as a standard practice of their employment, the amount of two hundred dollars, plus interest at the rate of one percent per month from the first day of April of the first year following the sheriff's sale to the date of redemption; and (5) any other additional statutory costs.
§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 or his or her heirs or assigns, by mail of the fact of the redemption and pay to the purchaser or 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 or the real estate, which have since been paid by the purchaser or his or her heirs or assigns, with interest at the rate of one percent per month from the date of payment; (3) such any additional expenses as may that have been incurred, from the first day of April of the first year following the sheriff's sale to the date of redemption, in preparing the list of those to be served with notice to redeem and any title examination incident thereto to the redemption, with interest at the rate of one percent per month from the date of payment for legal expenses. 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 to the redemption, shall may not exceed two hundred dollars; and (4) all additional statutory costs paid by the purchaser.
(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 to the redemption, 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 to the redemption from the date of the sale first day of April of the first year following the sheriff's 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 to the redemption, in the form of receipts or other evidence thereof of the expenses, and therefore received from the purchaser as required by said section twenty-three of this article 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 first day of April of the first year following the sheriff's 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 that amount to the person redeeming and the purchaser is barred from any claim thereto to the expenses. Where, pursuant to said section twenty- three of this article, 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 first day of April of the first year following the sheriff's sale to the date of redemption, and the purchaser provides the sheriff within thirty days from the date of notification such satisfactory proof of said the expenses, and the amount of said the expenses is less than the amount paid by the person redeeming, the sheriff shall refund the difference to the person redeeming.


NOTE: This bill relates to sheriffs' tax lien sales of property. The purposes of this bill are:
1. To require the purchaser of any tax lien to pay the taxes that are currently due, but not yet delinquent, before a certificate of sale is issued by the sheriff;

2. To require the purchaser of any tax lien to record and pay an additional $2.00 recording fee only for subsequent taxes paid after the date of the sheriff's tax sale;

3. To set the date of April 1st of the year following the sheriff's sale before any charges can be made for lien searches and preparing a list of those to be served with a notice to redeem;

4. To provide a grace period for the sheriff to publish a list of real estate sold at the sheriff's sale, and for the owner of the property to redeem the property without paying the fees for legal expenses and notice to redeem expenses; and

5. To clarify the standard notice to redeem forms; and the definition of those persons for whose services for list preparation and title examination the purchaser can be reimbursed.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.