The Kanawha County Clerk filed a motion Wednesday to dismiss the deprivation of property lawsuit she was named in that was filed last month in federal court, citing a legal technicality.
The motion states Vera McCormick, county clerk, was not properly served court documents and summons in the case in which an elderly couple from Cross Lanes claim the deed to their home was improperly sold to a properties group, which then tried to sell it back to them at an inflated price.
Attorneys for Jerry and Elizabeth Martin sent a copy of the complaint and summons for McCormick to the WV Secretary of State's office, who sent it to McCormick's office. The motion claims the Secretary of State's office is not a proper channel to serve McCormick.
Additionally, the complaint was addressed to "The Office of the Kanawha County Clerk," which is not named in the suit. Only McCormick is named in the suit in her official and individual capacities, not her office.
Another reason to dismiss, according to the motion, is that Tiffany Atkinson, a recording clerk for the Kanawha County Clerk's office, signed for a copy of the complaint and summons. Atkinson was not authorized to accept service of a summons on McCormick's behalf, according to the motion.
The lawsuit against McCormick claims she knowingly granted a void tax deed for the Martin's home to a property company.
The Martin's home was sold for delinquent taxes in Nov. 2012. The complaint states the couple never had any notice of their property taxes being delinquent, the purchase of their property or their right to redeem due to a change of address caused by the implementation of a countywide addressing system by 911 and emergency services.
Also named in the complaint are PD Enterprises, which originally purchased the Martin's property in 2012, Paige-Hunter Properties and Hobert Aliff, Jr., owner of Paige-Hunter Properties, who purchased the deed from PD Enterprises in 2014.
The suit also alleges the properties group has committed a similar act in Kanawha County at least 26 times, which may be cause for a class action complaint.
The Martins are seeking damages, attorney fees and requesting for the court to void the deed for their home.
Reach Kayla Asbury at kayla.asbury@wvgazettemail.com, call 304-348-3051 or follow @kasbury_ on Twitter.