WIKI wiki.6430

Buyer Beware is a term we use to alert the buyer that this property is handled differently than a typical real estate sale. The property was obtained through a West Virginia tax lien foreclosure. It is sold for cash or equivalent only, by quitclaim deed. Financing is not available to our knowledge. It is the buyer's responsibility to review all available information and decide whether they are comfortable with the purchase.

The property was obtained through a tax lien foreclosure. Seller holds a deed issued by the State of West Virginia. However, the title is subject to West Virginia's tax lien foreclosure statutes and there are potential title risks. Our title search, notices, and results are available for your review. We recommend that any buyer conduct their own due diligence or consult with an attorney before purchasing.

The only additional fee charged is the county recording fee for the deed. The exact amount is determined when preparing the closing documents. As an estimate, it is approximately $50 plus $6 per thousand of the sale price. For example, a $25,000 sale would be approximately $200. This varies by county. The property is sold subject to any unpaid current real estate taxes.

The redemption period is over and the State has issued a deed, so the former owner cannot simply pay back taxes to reclaim the property. However, under W. Va. Code §11A-4-4, a person who was not properly notified during the foreclosure process may file a civil action to set aside the deed within the statutory period. They must tender the redemption funds to the court just to proceed, and must prove by clear and convincing evidence that the purchaser failed to exercise reasonably diligent efforts to provide notice. Our title search, notices, and results are available for the buyer's review.

The primary concern is W. Va. Code §11A-4-4, which allows a person who was entitled to notice but was not properly notified to file a civil action to set aside the tax deed within two (2) years of the deed being delivered. To proceed, they must tender to the court the funds necessary to redeem the property and must show by clear and convincing evidence that the purchaser failed to exercise reasonably diligent efforts to provide notice. There are other statutes that may affect title to any real property in West Virginia, not unique to tax sales. We recommend consulting a West Virginia attorney for a complete understanding of title risks.

Seller stands behind the sale. On full-price purchases, Seller includes a Post-Closing Indemnification Agreement at no additional cost. If a former owner files a legal challenge under W. Va. Code §11A-4-4 and a court issues a final order overturning the tax deed, Seller will refund the purchase price — reduced by any statutory reimbursements the buyer actually receives under West Virginia law (back taxes, interest, fees, and other statutory costs). If those reimbursements equal or exceed what the buyer paid, no refund is needed because the buyer has already been made whole. The agreement is a written, signed contract that spells out the exact terms, the maximum refund amount, and both parties' obligations. It is a term of the sale — not a separate product and not insurance. It is similar to the warranties sellers routinely make in real estate transactions throughout West Virginia. The agreement covers challenges under §11A-4-4 specifically. If no challenge is filed during the statutory period, the agreement expires automatically. We encourage every buyer to review the agreement with their own attorney before closing. A copy is available upon request.

This is a common concern. The following is based on AI-assisted research of West Virginia statutes and is provided for informational purposes only — it is not legal advice. W. Va. Code §11A-3-59 gives the tax deed purchaser the express statutory right to "inspect and perform necessary and reasonable repairs for the preservation of the real property." The same section states that the current occupant has "a duty to preserve the property to the best of his or her ability and control." If a former owner seeks to overturn the tax deed under §11A-4-4, the statute requires them to reimburse the purchaser the amount required for redemption, plus all taxes paid since the deed, plus interest at 12% per annum, plus all additional statutory costs paid by the purchaser (§11A-3-58). The former owner must tender these funds to the court just to proceed with the challenge. While §11A-4-4 does not explicitly mention improvements, the costs of necessary preservation repairs authorized by §11A-3-59 may be recoverable as statutory costs under §11A-3-58. Additionally, a former owner who receives back an improved property without compensating the person who made those improvements may face an unjust enrichment claim — a well-established legal principle that prevents one party from profiting at another's expense. There are multiple possible avenues in the law that may address improvements, but nothing specific enough to declare any single one authoritative. We encourage all buyers to consult with a qualified West Virginia real estate attorney before purchasing or making improvements.

The fastest way is to text the owner at the phone number provided by Red Oak Realty. Send the property address and indicate that you have fully read the Buyer Beware information. We are happy to answer questions, but please review the information above first — most common questions are addressed here.

AI research on this issue returned the following for your review. This is provided for informational purposes only — it is not legal advice.

Under West Virginia Code §11A-3-1 et seq., the state sells "what is assessed." When the tax sale process concludes and a deed is issued, the purchaser receives all right, title, and interest that was vested in the person who was entitled to redeem (W. Va. Code §11A-3-62). The instrument you receive is a deed — not a DMV certificate of title.

The seller received a tax deed, and sells the same that they were granted, by deed.

So if a mobile home was assessed on the tax books and sold through the tax sale process, you will receive a tax deed, not a DMV title. The DMV may still show the prior owner on the certificate of title, and the tax deed alone may not be sufficient for the DMV to transfer that title into your name without additional steps.

However, in Sheehan v. Mortgage Electronic Registration Systems, Inc., No. 19-1082 (W. Va. Supreme Court of Appeals, November 17, 2020), the Court held in a 3-2 decision that a manufactured home can be legally converted to real property under common law — even if the DMV title was never canceled — if the home meets the fixture test established in Snuffer v. Spangler, 92 S.E. 106 (W. Va. 1917). That test requires: (1) the home is annexed to the real estate, (2) it is adapted to the use of the real estate, and (3) the owner intended it to become part of the real estate.

While Sheehan was decided in the context of a bank lien and deed of trust foreclosure — not a tax sale — the underlying principle may support a tax sale purchaser's position that a tax deed conveys whatever interest existed in an assessed mobile home as part of the real property.

Additionally, the WV DMV does have a statutory process that may assist tax sale purchasers in obtaining a certificate of title. W. Va. Code §17A-3-12b(b) provides that the DMV Commissioner shall reinstate and reissue a title for a manufactured home when requested by an "owner." The statute specifically defines "owner" to include: the owner, a secured lender of foreclosed or surrendered property, an owner of real property who takes possession of an abandoned manufactured home on the property, or any other person who has the legal right to the manufactured home through legal process. A tax sale purchaser who has obtained a tax deed and taken possession of the real property — and by extension the manufactured home situated on it — may qualify under one or more of these definitions, particularly as a person who has acquired the legal right to the home through legal process (i.e., the tax sale proceeding) or as the owner of real property who has taken possession of an abandoned manufactured home.

The WV DMV also has a separate abandoned vehicle/mobile home title process available to certain applicants. Licensed WV towing companies, dealers, repair facilities, auto auctions, and salvage yards may apply for abandoned vehicle titles through the DMV. This process involves filing a DMV-100-TR record search, providing proper notification to any prior owners or lienholders, and completing the required waiting period before a new title can be issued.

Buyers should be aware that this is an evolving area of West Virginia law and that additional legal steps — such as a quiet title action under W. Va. Code §11A-3-62(b), use of the §17A-3-12b process at the DMV, or the abandoned title process — may be necessary to fully establish ownership of a mobile home acquired through a tax sale. We recommend consulting with a West Virginia attorney experienced in tax sales and manufactured home issues before relying solely on a tax deed to claim ownership of a mobile home.