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Introduced Version House Bill 4761 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2020 regular session

Introduced

House Bill 4761

By Delegate Porterfield

[Introduced February 10, 2020; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §11A-4-4 of the Code of West Virginia, 1931, as amended, relating to reducing to one year the deadline for right to set aside deed when one entitled to notice of tax sale was not notified.

Be it enacted by the Legislature of West Virginia:


ARTICLE 4. REMEDIES RELATING TO TAX SALES.


§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 §11A-3-22 or §11A-3-55 of this code 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, his or her heirs and assigns, may, before the expiration of three years one year following the delivery of the deed, institute a civil action to set aside the deed. No deed shall 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 12 percent per annum.

(b) No title acquired pursuant to this article shall 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 amounts shall be paid within one month of the entry thereof. Upon the failure to pay the same within said period of 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 reduce from three years to one year the period allowed to set aside a deed when one entitled to notice in a tax sale was not notified.

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

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