If, within 180 days following the approval of the sale by the Auditor, the purchaser discovers that the property purchased at the sale is nonexistent, the purchaser shall submit the abstract or certificate of an attorney-at-law that the property is nonexistent. Upon receipt of the abstract or certificate, the Auditor cause the moneys so paid on the day of the sale to be refunded. Upon refund of the amount bid at an Auditors sale, he or she shall inform the assessor that the property does not exist for the purpose of having the assessor correct the error.
If at any within 180 days following the approval of the sale by the Auditor, the sheriff, clerk of the county commission, assessor or Auditor determines that the tax lien on the subject property should be cancelled or dismissed, the Auditor shall issue a certificate of cancellation on the tax lien and shall cause the money paid on the day of the sale to be refunded.
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