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Commission appoints sheriff to accept foreclosure service for incarcerated property owner
Summary
Under West Virginia Code §28-5-33 the Monongalia County Commission appointed the county sheriff to serve as a committee to accept foreclosure service for Glenn Mark Allen Anderson because the owner is incarcerated and cannot be served directly.
The Monongalia County Commission on Feb. 11 voted to appoint the Monongalia County sheriff as a committee under West Virginia Code §28-5-33 to accept service related to a foreclosure for property owned by Glenn Mark Allen Anderson.
Legal explanation provided at the meeting indicated the owner, identified in the record as incarcerated, has not made payments on an owner-financed note for about three years and a foreclosure action must be served consistent with civil procedure rules for persons under disability. Counsel and an interested party explained the appointment allows the sheriff to accept service so that a defense of legal disability cannot later be used to block the foreclosure process.
Why it matters: Appointment under §28-5-33 enables service of process for individuals under disability so foreclosure proceedings can move forward; the commission’s action is limited to appointing a committee for service, not to adjudicating foreclosure merits.
What was said: Mr. Schuman (identified in the transcript) summarized the legal basis and the factual background offered by the moveant, Stanley Canner, who reported financing the roughly four-acre parcel on River Road. Speaker 2 moved to approve the appointment, a second was recorded, and the motion passed by voice vote.
What’s next: The sheriff, once appointed, may accept service of the foreclosure notice for the limited purpose described in the record; further court filings or foreclosure actions would proceed through the judicial process.
