PRINCETON – A lienholder alleges a Marlington company did not provide it with a notice to redeem a property.

United Bank filed a complaint on Oct. 21 in Mercer Circuit Court against WVTA LLC alleging that the tax sale purchaser failed to comply with the West Virginia Code.

According to the complaint, the plaintiff alleges the previous owners of a property in the Ben & Corinne Pendleton Subdivision in Mercer County financed the property through it and the property was later sold for delinquent taxes by the Mercer County sheriff. The suit states the property was then purchased by the defendant. The plaintiff holds WVTA LLC responsible because the defendant allegedly failed to identify plaintiff as a lienholder of the subject property and failed to provide notice of the right to redeem.

The plaintiff seeks an order to set aside the tax deed previously issued to defendant and allowing plaintiff the right to satisfy its lien against the subject property, award for the amount lost to be proven at trial, costs for this action, attorney's fees and such other relief as the court deems proper. It is represented by Phillip B. Ball of Smith, Lilly & Ball PLLC in Princeton. The case has been assigned to Circuit Judge William J. Sadler.

Mercer Circuit Court Case number 16-c-349

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