ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 528
(By Senator Craigo)
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[Originating in the Committee on the Judiciary;
reported April 2, 1997. ]
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A BILL to amend and reenact section twenty-three, article three,
chapter eleven-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to sheriff's
tax lien sales; and requiring the purchaser of a tax lien to
furnish the person redeeming the property with a copy of the
title examination.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article three, chapter eleven-a
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted, 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 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 he
shall be required to pay, excluding said interest, for such
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 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
and a copy of the title examination. If the purchaser is
not supplied with a copy of the title examination then the
purchaser shall only be required to pay the clerk a sum equal to
the additional statutory costs paid by the purchaser, excluding
any amount for a title examination.
(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 to redeem the tax lien on all of such real estate when it
belongs, in whole or in part, to some other person, shall have a
lien on the interest of such other person for the amount paid to
redeem such interest. He shall lose his right to the lien,
however, unless within thirty days after payment he shall file
with the clerk of the county commission his claim in writing
against the owner of such interest, together with the receipt
provided for in this section. The clerk shall docket the claim
on the judgment lien docket in his office and properly index the
same. Such lien may be enforced as other judgment liens are
enforced.