Investor seeks deed for real estate or return of lien funds

By Noddy A. Fernandez | Feb 5, 2019

CHARLESTON — An assignee is suing public officials, citing alleged breach of duty.

Gsran-Z LLC as assignee of Investa Funding LLC filed a complaint in Kanawha Circuit Court against the West Virginia state auditor in his official capacity only and the Berkeley County sheriff, in his official capacity only, alleging that they breached their mandatory duty to issue a sheriff-tax-sale deed for the property to the plaintiff.

According to the complaint, on March 6, 2018, as assignee of Investa Funding LLC, the plaintiff requested an order requiring the defendants to issue a deed for real estate acquired in a sheriff sale, or, in lieu thereof, directing the defendants to return the funds tendered to them. 

The plaintiff asserts that all parties had and have been notified of the right to redeem to satisfy the notice requirement for the plaintiff to obtain its deed and the return previously tendered $3,490.73 for the tax sale lien on the subject property. The plaintiff claims they have a clear legal right to be delivered a deed to the subject property as they have performed all acts required to them in order to obtain the delivery of the deed by the defendants.

The plaintiff holds the defendants responsible because they allegedly failed and refused to deliver the requested deed to the plaintiff and failed to return $3,490.73 to the plaintiff.

The plaintiff requests a trial by jury and seeks judgment to execute and deliver a deed to the subject property and return the required amount and other funds due, plus costs and attorney fees. It is represented by David R. Karr, Jr. of David R. Carr, Jr. Attorney at Law in Charleston.

Kanawha Circuit Court Case number 18-C-1523

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