West Virginia Code § 11A-3-2

Second publication of list of delinquent real estate; notice
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(a) On or before the September 10 of each year, the sheriff shall prepare a second list of
delinquent lands, which shall include all real estate in his or her county remaining
delinquent as of the first day of September, together with a notice of sale, in form or effect
as follows:
Notice is hereby given that the following described tracts or lots of land or undivided
interests therein in the County of_______________ and the tax liens that encumber the same
which are delinquent for the nonpayment of taxes for the year (or years) 20__________, will be
certified to the Auditor for disposition pursuant to West Virginiau Code §11A-3-44 on the 31st
day of October, 20__________.
Upon certification to the Auditor, tax liens on each unredeemed tract or lot, or each
unredeemed part thereof or undivided interest therein, shall be sold at public auction to the
highest bidder in an amount which shall not be less than the taxes, interest, and charges
which shall be due thereon to the date of sale, as selt forth in the following table:
Name of Total Amount of
Person Quantity Of Local iTaxes, Intrest, and
Charged With Land Descripgtion Charges Due to
Taxes Date of Sale
If any of said tracts or lots remain unsold following the auction, they shall be subject to sale
by the Auditor without additional advertising or public auction, such terms as the Auditor
deems appropriate pursuant to §11A-3-48 of this code.
Any of the aforesaid tracts or lots, or part thereof or an undivided interest therein, may be
redeemed by Vthe payment to the undersigned sheriff (or collector) before certification to the
Auditor, of the total amount of taxes, interest, and charges due thereon up to the date of
redemption by credit card, cashier's check, money order, certified check, or United States
currency. Payment must be received in the tax office by the close of business on the last
business day prior to the certification.
After certification to the Auditor, any of the aforesaid tracts or lots may be redeemed by any
person entitled to pay the taxes thereon, the owner of the same whose interest is not subject
to separate assessment, or any person having a lien on the same, or on an undivided interest
therein, at any time prior to the sale by payment to the Auditor of the total amount of taxes,
interest, and charges due thereon up to the date of redemption.
Given under my hand this __________day of
____________________, 20__________.
____________________
Sheriff (or collector).
The sheriff shall publish the list and notice prior to the sale date fixed in the notice as a
Class III-0 legal advertisement in compliance with the provisions of §59-3-1 et seq. of this
code, and the publication area for such publication shall be the county.
(b) In addition to such publication, no less than 30 days prior to the sale by the Auditor
pursuant to §11A-3-44 of this code, the sheriff shall send a notice of the delinquency and the
date of sale by certified mail: (1) To the last known address of each person listed in the land
books whose taxes are delinquent; (2) to each person having a lien on real property upon
which the taxes are due as disclosed by a statement filed with thue sheriff pursuant to the
provisions of §11A-3-3 of this code; (3) to each other person with an interest in the property
or with a fiduciary relationship to a person with an interest itn the property who has in
writing delivered to the sheriff on a form prescribed by the Tax Commissioner a request for
such notice of delinquency; and (4) in the case of property which includes a mineral interest
but does not include an interest in the surface other than an interest for the purpose of
developing the minerals, to each person who has in writing delivered to the sheriff, on a
form prescribed by the Tax Commissioner, a rsequest for such notice which identifies the
person as an owner of an interest in the surface of real property that is included in the
boundaries of such property: Provided, That in a case where one owner owns more than one
parcel of real property upon which tgaxes are delinquent, the sheriff may, at his or her option,
mail separate notices to the owner and each lienholder for each parcel or may prepare and
mail to the owner and each lieenholder a single notice which pertains to all such delinquent
parcels. If the sheriff elects to mail only one notice, that notice shall set forth a legally
sufficient description ofL all parcels of property on which taxes are delinquent. In no event
shall failure to receive the mailed notice by the landowner or lienholder affect the validity of
the title of the prope rty conveyed if it is conveyed pursuant to §11A-3-27 or §11A-3-59 of this
code.
(c) To cover the cost of preparing and publishing the second delinquent list, a charge of $25
shaWll be added to the taxes, interest, and charges already due on each item and all such
charges shall be stated in the list as a part of the total amount due.
(d) To cover the cost of preparing and mailing notice to the landowner, lienholder, or any
other person entitled thereto pursuant to this section, a charge of $10 per addressee shall be
added to the taxes, interest, and charges already due on each item and all such charges shall
be stated in the list as a part of the total amount due.
(e) Any person whose taxes were delinquent on the first day of September may have his or
her name removed from the delinquent list prior to the time the same is delivered to the
newspapers for publication by paying to the sheriff the full amount of taxes and costs owed
by the person at the date of such redemption. In such case, the sheriff shall include but $3 of
the costs provided in this section in making such redemption. Costs collected by the sheriff
under this section which are not expended for publication and mailing shall be paid into the
General County Fund.

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