WEST virginia legislature
2018 regular session
Introduced
Senate Bill 343
By Senator Sypolt
[Introduced January 23, 2018;
Referred
to the Committee on Government Organization]
A BILL to amend and reenact §11A-3-58 of the Code of West Virginia, 1931, as amended, relating to limiting expenses incurred in preparing notice to redeem, including title examination, to $500.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED, AND WASTE AND UNAPPROPRIATED LANDS.
§11A-3-58. Distribution to purchaser.
(a) Where the land has been
redeemed in the manner set forth in §11A-3-56 of this code,
and the deputy commissioner has delivered the redemption money to the sheriff
pursuant to §11A-3-57 of this code, 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 redemption and pay to the purchaser, his or her
heirs or assigns, the following amounts: (1) The amount paid to the deputy
commissioner at the 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 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 interest, for such expenses incurred
for the preparation of the list of those to be served with notice to redeem
required by §11A-3-52 of this code, and any title examination incident thereto,
shall not exceed $200 $500; 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 deputy commissioner;
(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 deputy commissioner 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 deputy commissioner 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 §11A-3-56
of this code, the deputy commissioner has not received from the purchaser
satisfactory proof of the expenses incurred in preparing the 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 §11A-3-56
and delivered to the sheriff the sum of $200 $500, 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 expenses within 30 days from the date of
notification, the sheriff shall refund such amount to the person redeeming and
the purchaser is barred from any claim thereto. Where, pursuant to §11A-3-56 of
this code, the deputy commissioner has received from the purchaser and
therefore delivered to the sheriff said sum of $200 $500, 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 30
days from the date of notification such satisfactory proof of such expenses,
and the amount of such 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 to limit expenses in preparing list for notice to redeem, including title examination, to $500.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.