TITLE 44
Taxation

CHAPTER 44-9
Tax Sales

SECTION 44-9-46


§ 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 TITLE HELD BY ASSIGNEE

PURCHASER

Original Sum for which Amount Stated in In-

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

Intervening Taxes and Taxes and Costs Paid

Costs Paid by Pur- by Assignee since

chaser .... Assignment ....

Interest According to Interest According to

Law .... 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 AND PROVIDENCE PLANTATIONS

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 AND PROVIDENCE PLANTATIONS

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 § 4-9-36 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 Names of Interested Per-

in the Year of the Tax for Recorded sons served by registered

which the land was taken or or certified mail with

sold. notice of sale under

.......... § 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 Names of Interested Per-

in the Year of the Tax for Recorded sons served by registered

which the land was taken or or certified mail with

sold. notice of sale under

.......... § 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

History of Section.
(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.)