(a) It shall be illegal for an owner, in whose name any real estate was certified to the Auditor or was subjected to the authority of the Auditor because of the nonentry thereof, or his heirs or assigns, or his or their agent, to purchase such real estate at sale provided in section forty-five or forty-eight of this article. No deputy commissioner, sheriff, clerk of the county commission or circuit court, assessor, nor deputy of any of them, shall directly or indirectly become the purchaser, or be interested in the purchase of any real estate at the sale. Any such person or officer so purchasing shall for each offense forfeit $1,000, to be collected as other forfeitures are collected. The sale of any real estate, or the conveyance of such real estate by tax deed, to one of the persons or officers named in this section shall be voidable at the instance of any person having the right to redeem until such real estate reaches the hands of a bona fide purchaser.
(b) Any coowner, except a coparcener, in the absence of satisfactory proof of a fiduciary relationship, shall be entitled to purchase at the sale for his own account the interest of any, or all, of his coowners in any real estate, without being required to hold such interest or interests under a constructive trust. There shall be a prima facie presumption against such constructive trust.
Structure West Virginia Code
Chapter 11A. Collection and Enforcement of Property Taxes
Article 3. Sale of Tax Liens and Nonentered, Escheated and Waste and Unappropriated Lands
§11A-3-1. Declaration of Legislative Purpose and Policy
§11A-3-2. Second Publication of List of Delinquent Real Estate; Notice
§11A-3-3. Waiver of Notice by Person Claiming Lien
§11A-3-4. Redemption After Second Publication and Before Certification to the Auditor
§11A-3-5. Sale by Sheriff; Immunity; Penalty; Mandamus
§11A-3-5b. Authorization for County Clerk to Perform Duties for Delinquent Land Sales by Sheriff
§11A-3-7. Suspension From Same; Amended Delinquent Lists; Subsequent Sale
§11A-3-8. Certification of Property to the Auditor
§11A-3-9. Sheriff S List of Redemptions and Certifications; Oath
§11A-3-10. Sheriff to Account for Proceeds; Disposition of Surplus
§11A-3-11. Return of List Certifications; Redemptions
§11A-3-12. Amendment of Such List
§11A-3-13. Publication by Sheriff of Certification List
§11A-3-14. Purchase by Individual at Tax Sale; Certificate of Sale
§11A-3-15. Certificate of Sale Assignable
§11A-3-16. Subsequent Tax Payments by Purchaser
§11A-3-17. Sale of Subsequent Tax Liens
§11A-3-18. Limitations on Tax Liens
§11A-3-19. What Purchaser Must Do Before the Deed Can Be Secured
§11A-3-24. Notice of Redemption From Purchases; Moneys Received by Sheriff
§11A-3-25. Distribution of Surplus to Purchaser
§11A-3-27. Deed to Purchaser; Record
§11A-3-28. Compelling Service of Notice or Execution of Deed
§11A-3-29. One Deed for Adjoining Pieces of Real Estate Within the Same Tax District
§11A-3-30. Title Acquired by Individual Purchaser; Action to Quiet Title
§11A-3-31. Effect of Irregularity on Title Acquired by Purchaser
§11A-3-32. Sheriff to Keep Proceeds in Separate Accounts; Disposition
§11A-3-33. State Commissioner of Delinquent and Nonentered Lands
§11A-3-34. Deputy Commissioners of Delinquent and Nonentered Lands; Bond
§11A-3-35. Land Record in Auditor's Office
§11A-3-36. Operating Fund for Land Department in Auditor S Office
§11A-3-36a. Credit Card Approved Form of Payment in Land Department of Auditor's Office
§11A-3-37. Disposition of Nonentered Lands
§11A-3-38. Redemption of Nonentered or Certified Lands
§11A-3-39. Certificate of Redemption Issued by Auditor; Recordation
§11A-3-40. Compulsory Redemption at Election of Auditor
§11A-3-42. Lands Subject to Sale by Auditor
§11A-3-43. Officers to Report Lands Subject to Sale
§11A-3-44. Auditor to Certify List of Lands to Be Sold; Lands So Certified Are Subject to Sale
§11A-3-45. Auditor to Hold Annual Auction
§11A-3-46. Publication of Notice of Auction
§11A-3-47. Redemption Prior to Sale
§11A-3-48. Unsold Lands Subject to Sale Without Auction or Additional Advertising
§11A-3-50. Receipt to Purchaser for Purchase Price
§11A-3-51. Deputy Commissioner to Report Sales to Auditor; Auditor to Approve Sales
§11A-3-52. Duties of Purchaser to Secure a Deed
§11A-3-53. Refund to Purchaser of Payment Made at Auditor S Sale Where Property Is Nonexistent
§11A-3-57. Notice of Redemption to Purchaser; Moneys Received by Sheriff
§11A-3-58. Distribution to Purchaser
§11A-3-59. Deed to Purchaser; Record
§11A-3-60. Compelling Service of Notice or Execution of Deed
§11A-3-61. One Deed for Adjoining Pieces of Real Estate Within the Same Tax District
§11A-3-62. Title Acquired by Individual Purchaser
§11A-3-63. Effect of Irregularity on Title Acquired by Purchaser
§11A-3-65. Right of Former Owner to Surplus Proceeds
§11A-3-66. Compensation of Auditor
§11A-3-67. Liability of Officer Failing to Perform Duty; Penalty
§11A-3-68. Disposition of Lands Heretofore Purchased by or Forfeited to State
§11A-3-70. Release of Title To, and Taxes On, Lands on Which All Taxes Paid for Ten Years
§11A-3-71. Deeds of Deputy Commissioner Conveying Coal, Oil, Gas, Timber and Other Natural Resources