H. B. 3139
(By Delegates Stephens, Reynolds and Morgan)
[Introduced March 13, 2009; referred to the
Committee on the Judiciary then 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
$350; 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 $350 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 $350.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.