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We own a rental house outside the city limits in Morgantown,

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We own a rental house outside the city limits in Morgantown, WV. We did not agree to pay a portion of repaving the street, but were in the minority and when the work was completed our paving certificate was sold to a third party. We are now told that they have a lien on the house until we pay the certificate (along w/ 12% interest) and are basing this on Chapter 7, Article 1, Section 3a of the WV code. Do we owe this money and interest?

RayAnswers :

Thanks for your question and good afternoon.My sympathy here for your dilemma and situation.

RayAnswers :

Unfortunately the Code you reference allows them to lien your property and then seek to collect on it.You would have to pay this off at time you sell property.Untill you pay here it continues to accrue interest.Here is the relevant part of the law.

RayAnswers :

All assessments made under this section shall be certified to the county clerk and recorded in a proper trust deed book and indexed in the name of the owner of any lot or fractional part of a lot so assessed. The assessment so made shall be a lien on the property liable therefor, and shall have priority over all other liens except those for taxes, and may be enforced by a civil action in the name of the contractor performing the work in the same manner as provided for other liens for permanent improvements. Such assessment shall be paid in not more than ten equal annual installments, bearing interest at a rate not to exceed twelve percent per annum, as follows: The first installment, together with interest on the whole assessment, shall be paid not later than one year from the date of such assessment, and a like installment with interest on the whole amount remaining unpaid each year thereafter until the principal and all interest shall have been paid in full.

RayAnswers :

You may want to verify with the county clerk here that they did assert a lien here.

RayAnswers :

But if they did then it is a lien and it has priority over all other liens and will have to resolved I am afraid.Again I wish

RayAnswers :

I could tell you otherwise.

RayAnswers :

Here is the entire statute for reference.

RayAnswers :

I appreciate the chance to provide you the information and reference that you asked for.If you have more follow up please just ask.Thanks again.

RayAnswers :

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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers :

Thanks again for letting me help you today.

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