1955

Seniors 1961

Why I Believe That Ferrell Won't Be Given a Trial

A trial is a necessary part of justice. 

The people who have complained about seeing Ferrell taking a dump by the Dirt Bean haven't been named.  

They will have to take the witness stand in the event of a trial because all persons have a right to confront their accuser.

The penalty for his crime is only 90 days.  The time will be allowed to run out.  He will do 90 days and be released.

Even his court appointed attorney would know this and this may be the reason he has been in jail for over a month and his own defense attorney won't show his face or actually take his case.

No one has to testify!

WV Code Delinquent

§11A-3-19. What purchaser must do before the deed can be secured.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
All Articles
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.
(a) At any time after August 31 of the year following the sheriff’s sale, and on or before October 31 of the same year, the purchaser, his or her heirs or assigns, in order to secure a deed for the real estate subject to the tax lien or liens purchased, shall:
(1) Prepare a list of those to be served with notice to redeem and request the State Auditor to prepare and serve the notice as provided in §11A-3-21 and §11A-3-22 of this code;
(2) When the real property subject to the tax lien is classi�ed as Class II property, provide the State Auditor with the physical mailing address of the property that is subject to the tax lien or liens purchased;
(3) Provide the State Auditor with a list of any additional expenses incurred after January 1 of the year following the sheriff’s sale for the preparation of the list of those to be served with notice to redeem, including proof of the additional expenses in the form of receipts or other evidence of reasonable legal expenses incurred for the services of any attorney who has performed an examination of the title to the real estate and rendered written documentation used in the preparation of the list of those to be served with the notice to redeem;
(4) Deposit with the State Auditor a sum su�cient to cover the costs of preparing and serving the notice; and
(5) Present the purchaser’s certi�cate of sale, or order of the county commission where the certi�cate has been lost or wrongfully withheld from the owner, to the State Auditor.
If the purchaser fails to meet these requirements he or she shall lose all the bene�ts of his or her purchase.
(b) If the person requesting preparation and service of the notice is an assignee of the purchaser he or she shall, at the time of the request, �le with the State Auditor a written assignment to him or her of the purchaser’s rights, executed, acknowledged, and certi�ed in the manner required to make a valid deed.
(c) Whenever any certi�cate given by the sheriff for a tax lien on any land, or interest in the land sold for delinquent taxes, or
WEST VIRGINIA CODE
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CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
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West Virginia Code http://code.wvlegislature.gov/11A-3-19/
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any assignment of the lien is lost or wrongfully withheld from the rightful owner of the land and the land or interest has not been redeemed, the county commission may receive evidence of the loss or wrongful detention and, upon satisfactory proof of that fact, may cause a certi�cate of the proof and �nding, properly attested by the State Auditor, to be delivered to the rightful claimant and a record of the certi�cate shall be duly made by the county clerk in the recorded proceedings of the commission.
Previous §11A-3-18. Limitations on tax certi�cates.
§11A-3-19. What purchaser must do before the deed can be secured.
Next §11A-3-20. Refund to purchaser of payment made at sheriff’s sale where property is subject of an erroneous assessment or is otherwise nonexistent.
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How to Prevent a Loss of Real Estate in a Tax Sale

Our county has experienced a tragic loss of one of its best businesses at a county tax sale this Wednesday.

1.  First of all, the business is not lost for another 15 months.  A tax sale results in the selling of an enforceable lien that includes a precise timetable of obligations and responsibilities for both the owner and the purchaser of the tax lien.  That lien is good for 15 months.

2.  Notice was run twice in the local paper--The Pocahontas Times.  Dozens of delinquent properties were listed including the pending tax sale.  Owners could pay the back taxes up to the day before the sale.  Many people did.  The list was much smaller at the day of the sale.  You could buy a copy to the final list for $7.00, The owners of C.J. Richardson's did not pay the back taxes.

3.  The sale consists of a bottom line amount of the taxes owed on the real estate.  Bidders may choose to bid to any amount above that.  That amount will include the back taxes plus any other $$$ the person may choose to invest in winning the bid.  The winner of the bid has certain obligations such as notice to the landowner as to the fact of the sale.  THESE ARE MANDATORY.  There is a rock solid deadline for the buyer's actions.

4.  The owner of the property that has a tax sold tax lien can redeem the property within at least a year by paying the amount of the taxes, the amount of the $$$ bid by the buyer.  The tragedy of this fact is that if a buyer bids $50,000 on a property that had tax owed of $2,000, the owner will have to pay back $50,000 plus the taxes PLUS ANY COSTS ASSOCIATED WITH THE ADMINISTRATION OF THE LIEN. 

5.  Some people will do this!  But for some the property may have been bid so high as to make it cost prohibitive.  Think of it as hammer crushing an ant.  But it likely will be a great deal for the buyer. 

6.  In any case, the 15 month period allows for an opportunity to redeem.  But you won't get the extra money back--that goes to the state.  That is the price you pay for not paying your taxes on time.

7.  During the redemption period, no property changes hands at all.  In the case of Richardson's they will continue to do business as usual.  The will continue to own the building until the end of the redemption period at which time the new owner will take possession of it.

8.  The owner may redeem the building or make alternative arrangements to dispose of the inventory.  This might include a sale to the businesses' competitor, a regular auction sale, or a gift of inventory to a family member or even a non-profit group as a tax deduction.  The buyer may choose to rent the property back to Richardsons.

9.  Richardsons could find an alternate location.

10.  Thus there are a large range of opportunities for Richardsons to continue going forward for many decades. 

We wish the family well and hope that no one else experiences this kind of loss.

I was at the sale,  I had a friend who purchased almost $100,000 worth of property.  Certain realtors will experience a huge amount of profit.  Many, many people will redeem their property as is their right provided by law.

Lesson Learned:  Read your Pocahontas Times--it is a legal newspaper which may save you some money.

Wasn't that a mighty storm?

County Commission Disclaims Responsibility for Deadly Sewer

The Pocahontas County Commission President, David McLaughlin has asked citizen Stephen McNally to remove his agenda item re: the open sewer in Arbovale because he says that the County Commission has no control over the health department.

Never mind that one commissioner is on the health board and the health department is located in the courthouse.  I didn't know this about the CC.  Did you?

If a kid falls in that sewer, the county likely will get sued!!

Who is going to rectify this sewer dilemna?

Why do we need a county commission if they can't solve a problem like this? 

The hole is within 25 feet of Steven's kitchen and IN THE MIDDLE OF ARBOVALE NEAR A GROCERY STORE!!!