This is for me. My friend Amy Lane set it up for me.
gofund.me/4e0632599
DISABLED WEST VIRGINIA HOMEOWNER LOSES HOME TO COAL COMPANY THROUGH ALLEGED COUNTY GOVERNMENT FRAUD
Clay County Officials Allegedly Lied to Owner Five Times About Tax Status While Secretly Selling Property to BMO Coal
CLAY COUNTY, WV — A disabled West Virginia homeowner is fighting to save their home after Clay County officials allegedly conducted a fraudulent tax sale of their property — transferring it to a coal company — while repeatedly assuring the owner that no taxes were owed.
Derek purchased property in Clay County in November 15, 2023, receiving a recorded deed with a clean title. Between 2023 and 2025, Derek visited Clay County government offices on multiple occasions to confirm their tax status.
On at least five separate occasions, officials from the Clay County Assessor's Office and Sheriff's Office told them that all taxes were paid and that no taxes would be due until July 15, 2026.
Those representations were allegedly false.
While Derek was being told everything was fine, county officials were conducting a tax sale of the property — in the name of the prior owner, Battleground Ministries LLC, a now-defunct ministry that had not owned the property since Derek purchased it.
Derek received no notice of any delinquency, no notice of the pending sale, and no opportunity to pay or contest — all of which are required by West Virginia law and the United States Constitution.
The property — which includes mineral rights — was transferred to BMO Coal Company.
"They stole my home," said Derek. "I went in there multiple times. They looked me in the eye and told me I owed nothing until 2026. I trusted them. I put everything I had into that property. Then I find out they sold it to a coal company behind my back while I was standing right there asking them about it. Someone needs to answer for this."
Derek is a person with a documented disability and says the property is their only home. They are currently still residing on the property. County officials have reportedly told them they can "redeem" the property by paying $5,000 this month — a sum Derek cannot afford after investing all available resources into the home.
Legal experts note that under West Virginia law, a tax sale conducted without notice to the actual deed-of-record owner is void. The failure to notify the true owner — especially one who had visited county offices in person multiple times — may constitute a violation of both state statute and the Due Process Clause of the United States Constitution.
Derek has filed a formal complaint with the FBI's Civil Rights Division, the U.S. Attorney's Office for the Southern District of West Virginia, and the West Virginia Attorney General's Office. A federal civil rights lawsuit under 42 U.S.C. § 1983 is being prepared for filing in U.S. District Court in Charleston.
"I have nothing left to lose," said Derek. "I'm not going to be quiet. If this happened to me, it could happen to anyone in this county. Someone needs to look at what is going on in Clay County."
A crowdfunding campaign has been launched to help offset legal costs.