West Virginia Code § 11A-3-56

Redemption from purchase; receipt; list of redemptions; lien; lien of
Open in Lexace · Ask the AI about this section
person redeeming interest of another; record.
(a) After the sale of any tax lien on any real estate pursuant to §11A-3-45 or §11A-3-48 of this
code, 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 whose interest is not subject to separate
assessment, or any person having a lien on such real estate, or on an undivieded interest
therein, may redeem at any time before a tax deed is issued therefor. In order to redeem, he
or she must pay to the Auditor the following amounts: r
(1) An amount equal to the taxes, interest, and charges due on thue 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, or his or her heirs,
with interest at the rate of one percent per month from the date of payment;
(3) Such additional expenses as may have been inclurred in preparing the list of those to be
served with notice to redeem, and for any licesnsed attorney's title examination incident
thereto, with interest at the rate of one percent per month from the date of payment, but the
amount he or she shall be required to pay,i excluding said interest, for such expenses
incurred for the preparation of the lgist of those to be served with notice to redeem required
by §11A-3-52 of this code, and for any licensed attorney's title examination incident thereto,
shall not exceed $500. An attorney may only charge a fee for legal services actually
performed and must certify that he or she conducted an examination to determine the list of
those to be served required by §11A-3-52 of this code;
(4) All additional statutory costs paid by the purchaser; and
(5) The AuditoVr's fee and commission as provided by §11A-3-66 of this code. Where the
Auditor has not received from the purchaser satisfactory proof of the expenses incurred in
preparing the notice to redeem, or of any licensed attorney's title examination incident
thereto, in the form of receipts or other evidence thereof, the person redeeming shall pay
the Auditor the sum of $500 plus interest thereon at the rate of one percent per month from
the date of the sale for disposition pursuant to the provisions of §11A-3-57, §11A-3-58, and
§11A-3-64 of this code. Upon payment to the Auditor of those and any other unpaid statutory
charges required by this article, and of any unpaid expenses incurred by the sheriff, the
Auditor, and the deputy commissioner in the exercise of their duties pursuant to this article,
the Auditor shall prepare an original and five copies of the receipt for payment and shall
note on said receipts that the property has been redeemed. The original of such receipt shall
be given to the person redeeming. The Auditor shall retain a copy of the receipt and forward
one copy each to the sheriff, assessor, and the clerk of the county commission. The clerk
shall endorse on the receipt the fact and time of such filing and note the fact of redemption
on his or her record of delinquent lands.
(b) Any person for reasons of financial hardship may petition the Auditor to redeem his or
her primary residence in installments. The petition shall certify to the Auditor that the real
estate is the primary residence of the redeeming party. The Auditor may approve a financial
hardship plan and it shall be signed by him or her and the party making the request. A copy
of the document evidencing such acceptance shall be filed with the clerk of the county
commission in which the property is located.
(c) Any person who, by reason of the fact that no provision is made for partieal redemption of
the tax lien on real estate purchased at the public auction or at a subsequent sale, is
compelled in order to protect himself or herself to redeem the tax lien orn 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 or she shall
lose his or her right to the lien, however, unless within 30 days after payment he or she shall
file with the clerk of the county commission his or her claim tin 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 or her office and properly index the same. Such
lien may be enforced as other judgment liens are enforced.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.