Whenever the Auditor has delivered a deed to the purchaser after the time specified in 11A-3-59 of this code, or, within that time, has delivered a deed to a purchaser who was not entitled thereto either because of his failure to meet the requirements of 11A-3-52 of this code, or because the property conveyed had been redeemed, the owner of such property, his heirs and assigns, or the person who redeemed the property, may, before the expiration of three years following the delivery of the deed, institute a civil action to set aside the deed. No deed shall be set aside under the provisions of this section, except in the case of redemption, until payment has been made or tendered to the purchaser, he or she, his or her heirs and assigns, of the amount which would have been required for redemption, together with any taxes which have been paid on the property since delivery of the deed, with interest at the rate of 12 percent per annum.
Structure West Virginia Code
Chapter 11A. Collection and Enforcement of Property Taxes
Article 4. Remedies Relating to Tax Sales
§11A-4-1. Declaration of Legislative Purpose
§11A-4-2. Right to Set Aside Sale or Deed When All Taxes Paid Before Sale
§11A-4-3. Right to Set Aside Deed Improperly Obtained
§11A-4-4. Right to Set Aside Deed When One Entitled to Notice Not Notified
§11A-4-5. On Whose Behalf Suits Instituted; Decree When Deed Set Aside
§11A-4-6. Redemption by Persons Under Disability From Purchase by Individual
§11A-4-7. Right of Creditor of Former Owner of Escheated Land