Harper v. Smith, 753 S.E.2d 612

Lot 9, Ellis Heights, Stafford District, Mingo County, was purchased by Amos and Lois Harper in 1974.
Foreclosure in 2001 on the Harpers' loan from The Money Store resulted in Bank of New York obtaining title at a July 10, 2001 sale.
Lois Harper later claimed foreclosure was not completed due to a rain-related misstatement, and the Harpers did not set aside the sale or redeem.
Taxes were delinquent 2003–2006; the Sheriff sold the tax lien in 2007 to Marquis Development, which obtained a tax deed and sold the property to Gavin Smith.
Gavin Smith served eviction on Lois Harper’s son, Mike Harper, who sought to defend ownership; circuit court later granted summary judgment declaring Smith the owner.
This appeal challenges the circuit court’s grant of summary judgment on the issues of title and Harper standing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bank of New York validly obtained title at foreclosure	Harper asserts the deed may be invalid due to bankruptcy timing.	Smith argues record shows sale and deed to Bank of New York prior to bankruptcy and is valid.	Bank of New York title validity upheld; no genuine issue on deed validity.
Whether Marquis obtained a valid tax deed despite defective notice to redeem	Harper contends notice to redeem was defective and improper because he was living on the property.	Marquis had no ownership at time of sale; notices default to owner and those entitled to redeem; Harper lacked standing.	Harper lacked standing to challenge Marquis’s tax deed; Marquis’s deed valid for standing purposes.
Whether Harper has standing to challenge Smith as bona fide purchaser	Harper may challenge Smith's status given defect in tax-deed notice.	Smith is a bona fide purchaser but Harper lacks standing because he no longer owned the property.	Smith is treated as having the status of bona fide purchaser for purposes of the case; Harper lacks standing to challenge.

Williams v. Precision Coil, Inc., 194 W.Va. 52 (1995) (summary judgment standard; burden shifting)
Findley v. State Farm Mut. Auto. Ins. Co., 213 W.Va. 80 (2002) (standing elements)
Rollyson v. Jordan, 205 W.Va. 368 (1999) (notice to redeem for tax deeds)
Belcher v. Greer, 181 W.Va. 196 (1989) (standing requirement tied to ownership and redeem rights)
Subcarrier Communications, Inc. v. Nield, 218 W.Va. 292 (2005) (bona fide purchaser definition and notice considerations)
Gentry v. Mangum, 195 W.Va. 512 (1995) (standards for affirming summary judgment on any record)
Stickley v. Thorn, 87 W.Va. 673 (1921) (bona fide purchaser concept )
Carpenter Paper Co. v. Wilcox, 70 N.W. 228 (1897) (definition of bona fide purchaser)