R.I. Gen. Laws § 44-9-46

Current through 2024 Public Law 457
Section 44-9-46 - Forms

The following forms may be used in proceedings for the collection of taxes under this chapter, and, if substantially followed, they shall be deemed sufficient for the proceedings to which they relate; but other suitable forms may also be used.

Form No. 1

§ 44-9-18

This notice to be sent by registered or certified mail.

NOTICE OF INTENTION TO ASSIGN TAX TITLE

State of Rhode Island

________________________

Name of City or Town

OFFICE OF THE TREASURER

_____________________________________________________________________, 20 ____

(Name of owner of record)

_____________________________________________________________________________

(Last known address)

You are hereby notified that after the expiration of ten (10) days from the date of this notice I, _________, Treasurer of the City - Town of _________, intend to assign and transfer to _________ the tax title on the hereinafter described land upon the payment by him or her of a sum not less than the amount necessary for redemption, the tax title having been acquired by the city or town under a tax collector's deed dated _________, 20 _________, and recorded in the Registry of Deeds, Book _________, Page ______.

DESCRIPTION OF LAND

____________ Treasurer

of ________________________

Name of City or Town

Form No. 2

§ 44-9-18

INSTRUMENT OF ASSIGNMENT OF TAX TITLE

(This instrument must be recorded within sixty (60) days from its date)

STATE OF RHODE ISLAND

________________________

Name of City or Town

OFFICE OF THE TREASURER

I, ________, Treasurer of the City - Town of _________, pursuant to the provisions of § 44-9-18, in consideration of _________/100 dollars to me paid, do hereby on behalf of the city - town assign and transfer to (Name of Assignee) of (No., Street, City, State), the tax title acquired by the city - town on the hereinafter described land under a tax collector's deed dated ________ 20 ______, and recorded in the _______ Registry of Deeds, Book _______, Page ______.

DESCRIPTION OF LAND

The above-mentioned sum is not less than the amount necessary for redemption, and includes all taxes assessed on the land subsequent to the assessment, for nonpayment of which the land was so purchased, and which have not been paid.

On ________, 20 ______, notice of intended assignment was sent by registered or certified mail to the owner of record as follows:

________________________________ __________________________

(Name) (Last known address)

In Witness Whereof, I have hereunto set my hand and seal this ________ day of ________, 20 _____.

WITNESS

__________________________

Treasurer

STATE OF RHODE ISLAND,

County of ________________

In the _______ of ________ this ________ day of _______ 20____, personally appeared before me _________, Treasurer of the City - Town of __________, known to me and known by me to be the person who executed the foregoing instrument, and acknowledged the instrument, by him or her signed in that capacity to be his or her free and voluntary act and deed.

__________________________

Notary Public

Form No. 3

§ 44-9-20

FORM OF DEED WHEN ESTATE IS REDEEMED

UNDER SECTION 44-9-19

KNOW ALL MEN BY THESE PRESENTS,

That the ________ of ________, in consideration of ________, to it paid by ________ of ________, the receipt whereof is hereby acknowledged, does hereby remise, release, and forever quitclaim unto ________ all the right, title, and interest which ________ of ________ acquired, by or under a deed made to it by the Collector of Taxes for the city - town of ________, dated ________ 20 ____, and recorded in Deed Book ________ Page ________ in and to the following parcel of real estate:

(Description)

To have and to hold the above-released premises, with all the privileges and appurtenances to the premises belonging, to _____, h _____ heirs and assigns, to h ____ and their use and behoof forever.

In witness whereof, etc.

__________________________

By: __________________________

Treasurer

Acknowledgment. See Form 2.

Form No. 4

§ 44-9-23

TREASURER'S CERTIFICATE OF RECEIPT OF MONEY PAID FOR PURPOSE OF REDEMPTION STATE OF RHODE ISLAND

________________________

Name of City or Town

OFFICE OF THE TREASURER

I, ______, Treasurer of the City - Town of ______, hereby certify that on this day of ______, 20 ____, pursuant to the provisions of § 44-9-19 - 44-9-23, (Name of person redeeming) ______, residing at ______ (No., Street, City or Town, and State), ______ who claims to be the holder of an interest in - a mortgage on the land hereinafter described, which was purchased for nonpayment of the 20 ____ tax assessed thereon to ______, has paid to me as Treasurer of the city - town the amount of ______/100 dollars for the purpose of redeeming the land from the tax title thereby held by (Present holder of tax title), residing at ______ (No., Street, City or Town, and State) ______, under a tax collector's deed dated ______, 20 ____, and recorded in ______ Registry of Deeds, Book ______, Page ____.

(If there has been no assignment, strike out the following reference)

the tax title having been assigned to the above-named ______ (present holder of tax title) ______ by instrument of assignment dated ______, 20 ____, and recorded in the registry, Book ______, Page ____

The above-mentioned amount is computed as follows:

(Strike out whichever computation is inapplicable)

TITLE HELD BY ORIGINAL PURCHASER TITLE HELD BY ASSIGNEE

Original Sum for which Amount Stated in Instrument

Land was Sold $.... of Assignment $....

Intervening Taxes and Costs Paid Taxes and Costs Paid by

by Purchaser .... Assignee since Assignment ....

Interest According to Law .... Interest According to Law ....

Recording .... Recording ....

____ ____

TOTAL AMOUNT PAID $.... TOTAL AMOUNT PAID $....

DESCRIPTION OF LAND

In Witness, etc.

__________________________

By: __________________________

Treasurer Acknowledgment. See Form 2.

Form No. 5

§ 44-9-25

STATE OF RHODE ISLAND PETITION TO FORECLOSE RIGHT OF REDEMPTION

To the Honorable Judges of the Superior Court:

The undersigned hereby represents that the land hereinafter described was sold on ____ (Date of sale) ____ for nonpayment of taxes by the town or city of _____ in the County of _____ by instrument dated ____ and duly recorded on (Date) ____ in Book _____, Page ______; that more than one year from the date of the sale has elapsed and no redemption has been made; that these proceedings have been conducted according to law; that the deed was recorded within sixty (60) days from date of sale - that the undersigned now holds title under the instrument; that the following are the names and addresses of all persons known to the undersigned who have any interest in the land, other than the petitioner to wit: (Also give name of wife or husband of the equity owner)

Name _______ Address ________ Nature of Interest __________ that the assessed value of the land and buildings is $_________; and that the land is described as follows:

(Description)

WHEREFORE your petitioner prays that the rights of all persons entitled to redeem from the proceedings may be foreclosed, that the Court enter a decree that the title of the petitioner to the land under the proceedings is absolute, and that all rights of redemption are barred, and for such other and further relief as may seem meet and proper to the Court.

Name _______________________

Address ______________________

On this __________ day of __________, 20 ______, personally appeared before me the within named, known to me to be the signer of the foregoing petition, and made oath that the statements therein contained so far as made of __________ own knowledge are true and so far as made upon information and belief that __________ believe them to be true.

Before me

__________________________

Notary Public

__________________________

Attorney for Petitioner

Form No. 6

§ 44-9-27

CITATION

STATE OF RHODE ISLAND

OFFICE OF THE CLERK OF THE SUPERIOR COURT

PETITION TO FORECLOSE RIGHT OF REDEMPTION

No.

TO ALL WHOM IT MAY CONCERN, and to ________________________

Whereas, a petition has been presented to the Court by __________ of __________ in the County of __________ and the State to foreclose all rights of redemption from the lien proceedings described in the petition in and concerning a certain parcel of land situate in the County of __________ and in the State, bounded and described in the petition as follows:

(Description)

If you desire to make any objection or defense to the petition, you or your attorney must file a written appearance and an answer, under oath, setting forth clearly and specifically your objections or defense to each part of the petition, in the office of the Superior Court in __________ on or before the __________ day of __________ next, that you may then and there show cause, if any, why the prayer of the petition should not be granted.

Unless your appearance is filed by or for you, your default will be recorded, the petition will be taken as confessed, and you will be forever barred from contesting the petition or any decree entered thereon. And in addition to the usual service of this notice as required by law, it is ordered that the foregoing citation be published once each week for three (3) successive weeks in the __________ a newspaper published in __________ (optional).

Witness, the Seal of our Superior Court at _______ this _______ day of ______, 20 ____.

__________________________ Clerk

CERTIFICATE OF SERVICE BY REGISTERED OR CERTIFIED MAIL

I hereby certify that I have this day served the foregoing citation by causing to be mailed a duly attested copy thereof of each respondent named therein whose address was furnished by the petitioner or otherwise known to me, the copies being sent by _________ mail and return receipts required.

__________________________

Attorney for Petitioner

CERTIFICATE OF SERVICE BY PUBLICATION

_________________ 20 _____

I hereby certify that I have caused the foregoing citation to be published once each week for three (3) successive weeks in the _______ a newspaper published in ________, in the County of _______, and the State, to wit: on the _______ day of _______, the _______ day of ________, and the ________ day of _______, 20 ____, a copy of which publication is hereto annexed.

__________________________

Attorney for Petitioner

Form No. 7

§ 44-9-32

(To be recorded in the Registry of Deeds)

NOTICE OF FILING PETITION

STATE OF RHODE ISLAND

SUPERIOR COURT

To all whom it may concern:

hereby give notice that, on the _______ day _______ of _______, 20 ____ filed in the Court a petition against* to foreclose the right of redemption acquired under a certain tax deed (or deeds) from the Collector of Taxes for the City (or Town) of ______, in the County of ______ and the State, to me dated ______, and recorded with ______ Deeds in Book _____, Page _______ the deed (or deeds) covers a certain parcel of land situated in _______ in the County of ________ and the State, which is described as follows:

(Description)

__________________________

*Name all respondents as in petition.

Form No. 8

§ 44-9-28

MOTION FOR DECREE PRO CONFESSO

STATE OF RHODE ISLAND

SUPERIOR COURT

No. ____________

In the matter of the Petition of

And now comes the petitioner in the above-entitled case and moves that a general default of all parties respondent, whether named in the notice or not, who have not appeared or answered, be recorded, and that the application as to them be taken for confessed.

__________________________

Attorney for Petitioner

Form No. 9

§ 44-9-30

FINAL DECREE IN TAX LIEN CASE

STATE OF RHODE ISLAND

SUPERIOR COURT

Case No.______________

vs.

DECREE

This case came on to be heard and was argued by counsel, and thereupon, upon consideration thereof, it is

ORDERED, ADJUDGED AND DECREED that all rights of redemption are forever foreclosed and barred under the deed given by the Collector of Taxes for the ______ of _____ in the County of _____ and the State, dated _____ and duly recorded in Book _____, Page _____

By the Court.

Attest:

__________________________

Clerk

Dated ______________

Form No. 10

§ 44-9-32

NOTICE OF DISPOSAL IN TAX LIEN CASE

STATE OF RHODE ISLAND

SUPERIOR COURT

This is to certify that the petition of

vs.

to foreclose the right of redemption under certain deed _______ for nonpayment of taxes, given by the Collector of Taxes for the _______ in the County of _______ and the State, dated ______ and duly recorded in Book ______, Page ______ was filed in this Court on _________.

Thereafter due proceedings under the petition were instituted according to law, and finally on _______, a decree forever foreclosing and barring all rights of redemption under the deed was entered, and this notice of final disposition of the petition is directed to be recorded in the Registry of Deeds for the City of _______ in _______ County, pursuant to § 44-9-32.

By the Court,

Attest:

__________________________

Clerk

Dated ______________

Form No. 11

§ 44-9-36

NOTICE OF SALE -- LAND OF LOW VALUE

STATE OF RHODE ISLAND

________________________

Name of City or Town

OFFICE OF THE TREASURER

_______________, 20 _______

NOTICE IS HEREBY GIVEN THAT ON ____________ the______ day of ______, 20 ___ , at ______ o'clock ____ M., at ______ (Place of Sale) ____________ pursuant to the provisions of §§ 44-9-36 -- 44-9-45, I SHALL OFFER FOR SALE AT PUBLIC AUCTION, severally or together, certain parcels of land of low value listed below, these parcels having been purchased by the City _________ Town of _________ for nonpayment of the taxes due thereon. (List of Parcels)

__________________________

Treasurer

of __________________________

(Name of City or Town)

To be posted in some convenient and public place in the city or town at least fourteen (14) days before the sale.

Form No. 12

§ 44-9-36

NOTICE OF SALE

LAND OF LOW VALUE

STATE OF RHODE ISLAND

________________________

Name of City or Town

OFFICE OF THE TREASURER

_______________, 20 _______

NOTICE IS HEREBY GIVEN THAT on ______, 20 ___, at _____ M., at ______ (Place of Sale) ______, pursuant to the provisions of §§ 44-9-36 -- 44-9-45, I SHALL OFFER FOR SALE AT PUBLIC AUCTION, severally or together, certain parcels of land of low value listed below, these parcels having been purchased by the City -- Town of _______ for nonpayment of the taxes due thereon.

(List of parcels)

Further notice is given that the following land in which you appear to have an interest is included in the sale.

(Description as given in original notice of sale)

Amount Required for Redemption on Above Date of Sale, $________

Your attention is directed to § 44-9-39 as follows:

"Any person having a right of redemption or any other interest in the land conveyed or purporting to be conveyed under § 44-9-36 or § 44-9-38, upon whom service of the notice of sale provided in § 44-9-36 has been made by registered or certified mail, who, prior to the sale, neither redeems the land nor brings proceedings to enjoin the sale, shall, upon the recording of the deed as required by § 44-9-36 or § 44-9-38, be forever barred from raising any question concerning the validity of the title conveyed, and a statement contained in the treasurer's deed that service has been made, naming the persons who were served by registered or certified mail, shall be prima facie evidence of service."

_____________________________________

Treasurer of City _____ Town of _____

Send this notice by registered or certified mail, return receipt requested, at least fourteen (14) days before the sale, to any person having a right of redemption or any other interest in any of the parcels to be sold.

Form No. 13

§ 44-9-36

This deed is not valid unless recorded in the proper registry of deeds within sixty (60) days after the sale.

TREASURER'S DEED TO A PERSON -- LAND OF LOW VALUE

STATE OF RHODE ISLAND

________________________

Name of city or town

OFFICE OF THE TREASURER

I, _________, Treasurer of the City - Town of _______ pursuant to the provisions of § 44-9-36, in consideration of ______/100 dollars to me paid, hereby grant to ______ of ______ the parcel-parcels of land described in the tax collector's deed to which reference is made in the following schedule:

Name of Person Assessed in the Names of Interested Persons

Year of the Tax for which served by registered or certified

the land was taken or sold. mail with notice of sale under

_________ Recorded § 44-9-39.

Location of Parcel Book Page

The land hereby granted was assessed for $ _____ and was offered for sale at public auction on _____, 20 ___, in accordance with a notice of sale posted on _____, 20 ___, in (Specify place where notice was posted) _____; and was sold to the above-named grantee (at the original time and place appointed for the sale - at an adjournment of the sale on ______, 20 ___,) that grantee being the highest bidder whose bid was not rejected as inadequate.

This deed is given with the covenant that the sale was in all particulars conducted according to law.

In Witness, etc.

_____________________________________

Treasurer

of ___________________________________

Name of City or Town

Acknowledgment.

See Form 2.

Form No. 14

§ 44-9-38

This deed is not valid unless recorded in the proper registry of deeds within sixty (60) days after the sale.

TREASURER'S DEED TO MUNICIPALITY -- LAND OF LOW VALUE

STATE OF RHODE ISLAND

________________________

Name of City of Town

OFFICE OF THE TREASURER

I, ___________, Treasurer of the City - Town of __________, pursuant to the provisions of §§ 44-9-36 -- 44-9-38, hereby grant to the city - town the parcel-parcels of land described in the tax collector's deed to which reference is made in the following schedule:

Name of Person Assessed in the Names of Interested Persons

Year of the Tax for which served by registered or certified

the land was taken or sold. mail with notice of sale under

_________ Recorded § 44-9-39.

Location of Parcel Book Page

The land hereby granted was assessed for $ _____ and was offered for sale at public auction on ______, 20 ___, in accordance with a notice of sale posted on _____, 20 ___, in (Specify place where notice of sale posted) on ______, 20 ___, in (Specify place where notice was posted).

(Strike out Paragraph (A) or (B) as the Circumstances Require)

No bid

(A) No bid deemed adequate by me was made at the time and place appointed for the sale or at any adjournment thereof, and the city - town therefore became the purchaser at an adjournment of the sale on _______, 20 ___.
(B) The purchaser failed to pay the amount bid by him or her at ____ the original time and place appointed for the sale, or ________ an adjournment of the sale on _______, 20 ___, within ten (10) days thereafter, wherefore the sale became void and the city - town became the purchaser.

In Witness, etc.

_____________________________________

Treasurer

of ___________________________________

Name of City or Town

Acknowledgment. See Form 2.

Form No. 15

§ 44-9-40

STATE OF RHODE ISLAND

Petition to Establish Title Acquired under § 44-9-36 or § 44-9-38. To the Honorable, the Judges of the Superior Court.

The undersigned hereby represent that the land hereinafter described was sold on _______ for the nonpayment of taxes by ________ , County of ________ . Pursuant to §§ 44-9-36 and 44-9-38, the land was conveyed to ________ by instrument dated ________ and recorded in Book ________ , Page ________ , that the undersigned now hold title under an instrument from ________ dated ________ , and duly recorded in Book ________ , Page _______ , that the following are the names and addresses of all persons known to the undersigned who have any interest in the land other than the petitioner ______________ to wit:

that the assessed value of the land and buildings is $_________ ; and that the land is described as follows:

(Description)

Wherefore your petitioner prays that all persons having an interest in the above-described premises show cause why they should not bring an action to try any claim or claims which they may have adverse to your petitioner's title. And if such persons do not appear within the time fixed or having appeared disobey the lawful Order of the Court to try their claim or claims, that the Court enter a decree that they be forever barred from having or enforcing any claim or claims adversely to the petitioner, his or her heirs or assigns, in the land described.

_____________________________________

_____________________________________

On this ________ day of ________, 20 ___, personally appeared before me the within named ________, known to me to be the signers of the foregoing petition, and made oath that the statements therein contained so far as made of their own knowledge are true and so far as made upon information and belief that they believe them to be true.

Before me

_____________________________________

Notary Public

R.I. Gen. Laws § 44-9-46

Amended by 2023 Pub. Laws, ch. 395,§ II-13, eff. 6/27/2023.
G.L. 1938, ch. 32, § 67; P.L. 1946, ch. 1800, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 44-9-46; P.L. 1986, ch. 172, § 1.