Wells Fargo Bank, N.A. v. UP Ventures II, LLC

KETCHUM, J.: 1

In this appeal from the Circuit Court of Cabell County, we are asked to reverse an order granting summary judgment in favor of the purchaser of a parcel of residential property at a tax sale. The circuit court held that a suit against the purchaser seeking to set aside the tax deed, which was filed more than three years after delivery of the tax deed to the purchaser, is barred by the statute of limitation set forth in W.Va.Code, 11A-4-4(a) L1992J.

After carefully reviewing the briefs, the record designated for appellate consideration, and the oral arguments of counsel, we affirm…