Archuleta v. US Liens, LLC

The Supreme Court reversed the order of the circuit court granting summary judgment to Plaintiff and vesting title to Defendant’s home to Plaintiff, holding that because there was no dispute that Plaintiff failed to have notice to redeem mailed to Defendant’s address, as required by W. Va. Code 11A-3-22(d), the circuit court erred in granting summary judgment in favor of Plaintiff.As a result of Defendant’s property taxes not having been paid, the county sheriff held an action to sell the tax lien on Defendant’s home. Plaintiff purchased the tax lien on the property at the auction. Plaintiff unsuccessfully attempted to have Defendant notified by mail and newspaper publications of her right to redeem the property. A deed to the property was subsequently conveyed to Plaintiff. Plaintiff then filed this proceeding to quiet title to the property. The circuit court granted summary judgment for Plaintiff. The Supreme Court reversed and remanded the matter to the circuit court with instructions to grant summary judgment in favor of Defendant, set aside Defendant’s tax deed to her home, and determine the amount to be paid by defendant to redeem the property, holding that summary judgment was improperly granted. View "Archuleta v. US Liens, LLC" on Justia Law