Rhode Island General Laws 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
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
_______________________________________________________________________
(Name of owner of record), 20 ___________
_________________________________________
(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
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
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
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 | |||
| Land was Sold | $……….. | Instrument 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
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
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
(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
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
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
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
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
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
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 | ||
| in the Year of the Tax for | Recorded | Persons served by | |
| which the land was taken | registered or | ||
| or sold. | certified mail with | ||
| _______________________________________ | 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
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 or 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 | ||
| in the Year of the Tax for | Recorded | Persons served by | |
| which the land was taken | registered or | ||
| or sold. | certified mail with | ||
| _______________________________________ | 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).
(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
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; P.L. 2023, ch. 395, art. 2, § 13, effective June 27, 2023.
Terms Used In Rhode Island General Laws 44-9-46
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Oath: A promise to tell the truth.
- oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9