West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11A-3-59
Deed to purchaser; record
If the real estate described in the notice is not redeemed within the time specified therein, but in no event prior to 30 days after notices to redeem have been personally served, or an attempt of personal service has been made, or such notices have been mailed or, if necessary, published in accordance with the provisions of §11A-3-55 of this code, following the deputy commissioner’s sale, the deputy commissioner shall, upon the request of the purchaser, make and deliver to the person entitled thereto a quitclaim deed for such real estate in form or effect as follows:
This deed, made this ____ day of ____, 20____, by and between ____, deputy commissioner of delinquent and nonentered lands of ____ County, West Virginia, grantor, and ____, purchaser (or ____ heir, devisee, assignee of ____, purchaser) grantee, witnesseth, that Whereas, in pursuance of the statutes in such case made and provided, ____, deputy commissioner of delinquent and nonentered lands of ____ County, did, on the ____ day of ____, 20____, sell the real estate hereinafter mentioned and described for the taxes delinquent thereon for the year(s) 20____, (or as nonentered land for failure of the owner thereof to have the land entered on the land books for the years ____, or as property escheated to the State of West Virginia, or as waste or unappropriated property) for the sum of $____, that being the amount of purchase money paid to the deputy commissioner, and ____ (here insert name of purchaser) did become the purchaser of such real estate, which was returned delinquent in the name of ____ (or nonentered in the name of, or escheated from the estate of, or which was discovered as waste or unappropriated property); and Whereas, the deputy commissioner has caused the notice to redeem to be served on all persons required by law to be served therewith; and Whereas, the real estate so purchased has not been redeemed in the manner provided by law and the time for redemption set forth in such notice has expired.
Now, therefore, the grantor for and in consideration of the premises recited herein, and pursuant to the provisions of Article 3, Chapter 11A of the West Virginia Code, doth grant unto ____, grantee, his or her heirs and assigns forever, the real estate so purchased, situate in the County of ____, bounded and described as follows: ____ (here insert description of property) Witness the following signature:
____
Deputy Commissioner of Delinquent and Nonentered Lands of ____ County
Except when ordered as provided in §11A-3-60 of this code, the deputy commissioner shall execute and deliver a deed within 120 days after the purchaser’s right to the deed accrued.
For the preparation and execution of the deed and for all the recording required by this section, a fee of $50 and the recording expenses shall be charged, to be paid by the grantee upon delivery of the deed. The deed, when duly acknowledged or proven, shall be recorded by the clerk of the county commission in the deed book in his or her office, together with the assignment from the purchaser, if one was made, the notice to redeem, the return of service of such notice, the affidavit of publication, if the notice was served by publication, and any return receipts for notices sent by certified mail.
Upon payment of the final costs and fees required by this article, the purchaser shall have the right to inspect and perform necessary and reasonable repairs for the preservation of the real property: Provided, That the current occupant has a duty to preserve the property to the best of his or her ability and control.
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In this chapter (40 sections)
- 11A-3-41 · Auditor to report redemptions to county officers;…
- 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…
- 11A-3-45 · Auditor to hold annual auction
- 11A-3-45A · Certain parties barred from participating in public auctions
- 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…
- 11A-3-48A · Certain parties barred from purchasing unsold lands
- 11A-3-49 · Purchase by owner or deputy commissioner or other officers…
- 11A-3-50 · Receipt to purchaser for purchase price
- 11A-3-51 · Deputy commissioner to report sales to Auditor; Auditor to…
- 11A-3-52 · Duties of purchaser to secure a deed
- 11A-3-53 · Refund to purchaser of payment made at Auditor’s sale where…
- 11A-3-54 · Notice to redeem
- 11A-3-55 · Service of notice
- 11A-3-56 · Redemption from purchase; receipt; list of redemptions;…
- 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…
- 11A-3-62 · Title acquired by individual purchaser
- 11A-3-63 · Effect of irregularity on title acquired by purchaser
- 11A-3-64 · Sheriff to receive proceeds of deputy commissioners' sales…
- 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…
- 11A-3-69 · Effect of repeal
- 11A-3-70 · Release of title to, and taxes on, lands on which all taxes…
- 11A-3-71 · Deeds of deputy commissioner conveying coal, oil, gas,…
- 11A-3-72 · Release of taxes and interest
- 11A-3-73 · Release of taxes, interest and charges on land assessed by…
- 11A-3-74 · Severability
- 11A-4-1 · Declaration of legislative purpose
- 11A-4-2 · Right to set aside sale or deed when all taxes paid before…
- 11A-4-3 · Right to set aside deed improperly obtained
- 11A-4-4 · Right to set aside deed when one entitled to notice not…