- Who sends it
- The West Virginia State Auditor, at the tax lien buyer's request, by certified mail or personal service, with a copy to "Occupant" at a residence
- What it starts
- At least 45 days until the first day a tax deed can be issued
- Do this first
- Call the State Auditor's office and confirm the redemption amount and last day
What this document is in West Virginia
W. Va. Code § 11A-3-54 is titled "Notice to redeem." After a tax lien sale, the buyer has 120 days after the Auditor approves the sale to ask the Auditor to prepare and serve it, or the buyer loses the benefit of the purchase (W. Va. Code § 11A-3-52). The notice says the buyer "has requested that you be notified that a deed for such real estate shall be made on or after" a date "unless before that day you redeem such real estate."
It itemizes what you must pay: the taxes, interest and charges due on the sale date with interest; taxes the buyer paid since the sale with interest; the buyer's costs for the title work and notice; and other statutory costs.
What it does and does not mean
- Your taxes went unpaid and a tax lien on the property was sold at the Auditor's auction (West Virginia extras file).
- You can still redeem "at any time before a tax deed is issued" by paying the Auditor (W. Va. Code § 11A-3-56(a)).
- The buyer's charge for preparing the list of people to notify and any attorney title exam is capped at $500 plus interest (W. Va. Code § 11A-3-56(a)(3)).
- If the home is your primary residence, the notice itself says you may petition the Auditor to redeem in not more than three payments before the deed issues. You can also petition for a financial hardship plan (W. Va. Code §§ 11A-3-54, 11A-3-56(b)).
- It is not yet a deed. The deed can be made only if you do not redeem, and not sooner than 30 days after notices were served or mailed (W. Va. Code § 11A-3-59).
The deadline it starts and how to count it
The notice must be mailed, and published if needed, at least 45 days before the first day a deed may be issued (W. Va. Code § 11A-3-55(a)). The date printed in the notice is the one that matters. Count backward from it and pay well before, because interest runs at 1 percent a month from the sale date (W. Va. Code § 11A-3-56(a)).
If a tax deed issues, a former owner can claim any surplus from the sale over the taxes and costs by filing in circuit court within two years (W. Va. Code § 11A-3-65). See property tax foreclosure in West Virginia.
What to do this week
- Find the deed date in the notice and mark it.
- Call the State Auditor's County Collections office and ask for a payoff good through a specific date.
- If this is your primary residence and you cannot pay at once, ask the Auditor about the three-payment option or a financial hardship plan now.
- Read any mail addressed to "Occupant." For a residence, the Auditor also mails a copy that way (W. Va. Code § 11A-3-55(e)).
- Keep the Auditor's receipt showing the property is redeemed.
State help and scam warnings
Pay the State Auditor directly. Mountain State Justice (304-344-3144) gives free legal help to low-income people having trouble with a mortgage or other loans, or a home they bought. See the West Virginia foreclosure help page.
- Do not pay a third party who says it will redeem for you.
- Be careful with offers to buy your home cheaply before the deed date. Get advice first.
The rest of the West Virginia process
See how foreclosure works in West Virginia, the timeline, ways to stop it and free help in West Virginia, or read the national guide to this letter.
Common questions
How long do I have after a West Virginia Notice to Redeem?
Until the deed date in the notice. The notice must be mailed at least 45 days before the first day a deed may issue (W. Va. Code § 11A-3-55), and you can redeem any time before the deed is issued (§ 11A-3-56).
Can I pay a West Virginia tax redemption in installments?
If the home is your primary residence, you can petition the Auditor to redeem in not more than three payments, or ask for a financial hardship plan (W. Va. Code §§ 11A-3-54, 11A-3-56(b)).
Who do I pay to redeem in West Virginia?
The State Auditor (W. Va. Code § 11A-3-56). Get a receipt; the Auditor sends copies to the sheriff, assessor and county clerk.
Other West Virginia letters
- Notice of Consumer's Right to Cure DefaultOn a consumer loan, West Virginia law says the lender cannot accelerate the loan or move against your home until 10 days after it gives you a written notice of your right to cure. Until then you can catch up by paying only the unpaid amounts due, without the whole loan being called due.
- Notice of Trustee's SaleIn West Virginia, the trustee under your deed of trust sells the home without a court case after publishing a notice of sale once a week for two weeks in a row and mailing you a copy by certified mail. The notice gives the time, place and terms of the sale. There is no right to buy the home back afterward, so act before the sale.
- Trustee's Report of Sale (inventory and account of sale)After a West Virginia trustee's sale, the trustee must file an inventory and account of the sale with the county clerk within two months. For a home you lived in, it includes a disclosure form showing the sale price, the debt and the net amount applied to the loan. This is how you check whether there is surplus money that must be paid to you.
- Unlawful detainer summons (after a trustee's sale)If you stay in the home after a West Virginia trustee's sale, the buyer can sue in circuit court to recover possession. The summons must be served at least 10 days before its return day. You can appear, plead not guilty and ask for a jury. These cases go ahead of other civil cases, so act the day you are served.
Sources
- W. Va. Code § 11A-3-52 (buyer's duties to secure a deed)
- W. Va. Code § 11A-3-54 (notice to redeem)
- W. Va. Code § 11A-3-55 (service of notice)
- W. Va. Code § 11A-3-56 (redemption)
- W. Va. Code § 11A-3-59 (deed to purchaser)
- W. Va. Code § 11A-3-65 (surplus to former owner)
- West Virginia State Auditor: County Collections