HB106 HFA Sponaugle 5-21 Revised
Delegate Sponaugle moves to amend the bill on page 8, Section 56, line14, by striking out the number “$200” and inserting in lieu thereof, the number “$500”;
And,
On page 9, line 38, following the period, by inserting the following:
Ҥ11A-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.”
And,
To amend the title to read as follows:
“A Bill to amend and reenact §11A-3-19, §11A-3-20, §11A-3-23, §11A-3-27, §11A-3-55, §11A-3-56, §11A-3-58 and §11A-3-59 of the Code of West Virginia, 1931, as amended, all relating generally to purchasers of liens securing a deed; amending dates and timeframes for securing deeds; allowing property to be redeemed prior to recording of deed; increasing the amount of expenses that may be paid to a purchaser for expenses incurred in preparing the list of those to be served with notice to redeem and title examination to $500, and amending the timeframe for notice to be provided or published.”