(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 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:
(1) An amount equal to the taxes, interest, and charges due on the 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, his or her heirs or, 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 for any licensed attorneys 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, 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 for any licensed attorneys 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 Auditors 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 attorneys 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 and 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 redeems 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 partial 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 on 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 in 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.
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