§ 44-9-46 - Forms.
SECTION 44-9-46
§ 44-9-46 Forms. – The following forms may be used in proceedings for the collection of taxesunder this chapter, and, if substantially followed, they shall be deemedsufficient for the proceedings to which they relate; but other suitable formsmay 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 taxtitle on the hereinafter described land upon the payment by him or her of a sumnot less than the amount necessary for redemption, the tax title having beenacquired 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, inconsideration of ]]]]]]]]]]/100 dollars to me paid, do hereby on behalf of thecity – town assign and transfer to (Name of Assignee) of (No., Street,City, State), the tax title acquired by the city – town on the hereinafterdescribed land under a tax collector's deed dated ]]]]]]]]]] 20 ]]]]]], andrecorded in the ]]]]]]]]]] Registry of Deeds, Book ]]]]]]]]]], Page ]]]]]].
DESCRIPTION OF LAND
The above-mentioned sum is not less than the amount necessaryfor redemption, and includes all taxes assessed on the land subsequent to theassessment, for nonpayment of which the land was so purchased, and which havenot been paid.
On ]]]]]]]]]], 20 ]]]]]], notice of intended assignment wassent 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 ofthe City – Town of ]]]]]]]]]]]], known to me and known by me to be theperson 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 actand 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 whereofis 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 Taxesfor the city – town of ]]]]]]]]]]]], dated ]]]]]]]]]]]] 20 ]]]]]], andrecorded in Deed Book ]]]]]]]]]]]] Page ]]]]]]]]]]]] in and to the followingparcel of real estate:
(Description)
To have and to hold the above-released premises, with all theprivileges and appurtenances to the premises belonging, to ]]]]]]]]]]]], h]]]]]]]]]]]] heirs and assigns, to h ]]]]]]]]]]]] and their use and behoofforever.
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 personredeeming) ]]]]]]]]]]]], residing at ]]]]]]]]]]]] (No., Street, City or Town,and State), ]]]]]]]]]]]] who claims to be the holder of an interest in – amortgage on the land hereinafter described, which was purchased for nonpaymentof the 20 ]]]]]] tax assessed thereon to ]]]]]]]]]]]], has paid to me asTreasurer of the city – town the amount of ]]]]]]]]]]]]/100 dollars forthe purpose of redeeming the land from the tax title thereby held by (Presentholder of tax title), residing at ]]]]]]]]]]]] (No., Street, City or Town, andState) ]]]]]]]]]]]], 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 followingreference)
the tax title having been assigned to the above-named]]]]]]]]]]]] (present holder of tax title) ]]]]]]]]]]]] by instrument ofassignment 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 hereinafterdescribed was sold on ]]]]]]]]]]]] (Date of sale) ]]]]]]]]]]]] for nonpaymentof taxes by the town or city of ]]]]]]]]]]]] in the County of ]]]]]]]]]]]] byinstrument dated ]]]]]]]]]]]] and duly recorded on (Date) ]]]]]]]]]]]] in Book]]]]]]]]]]]], Page ]]]]]]]]]]]]; that more than one year from the date of thesale has elapsed and no redemption has been made; that these proceedings havebeen conducted according to law; that the deed was recorded within sixty (60)days from date of sale – that the undersigned now holds title under theinstrument; that the following are the names and addresses of all persons knownto the undersigned who have any interest in the land, other than the petitionerto 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 allpersons entitled to redeem from the proceedings may be foreclosed, that theCourt enter a decree that the title of the petitioner to the land under theproceedings is absolute, and that all rights of redemption are barred, and forsuch 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 ofthe foregoing petition, and made oath that the statements therein contained sofar as made of ]]]]]]]]]]]] own knowledge are true and so far as made uponinformation 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 toforeclose all rights of redemption from the lien proceedings described in thepetition 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 thepetition, you or your attorney must file a written appearance and an answer,under oath, setting forth clearly and specifically your objections or defenseto each part of the petition, in the office of the Superior Court in]]]]]]]]]]]] on or before the ]]]]]]]]]]]] day of ]]]]]]]]]]]] next, that youmay then and there show cause, if any, why the prayer of the petition shouldnot be granted.
Unless your appearance is filed by or for you, your defaultwill be recorded, the petition will be taken as confessed, and you will beforever barred from contesting the petition or any decree entered thereon. Andin addition to the usual service of this notice as required by law, it isordered 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 CERTIFIEDMAIL
I hereby certify that I have this day served the foregoingcitation by causing to be mailed a duly attested copy thereof of eachrespondent named therein whose address was furnished by the petitioner orotherwise known to me, the copies being sent by ]]]]]]]]]]]] mail and returnreceipts required.
Attorney for Petitioner
CERTIFICATE OF SERVICE BY PUBLICATION
]]]]]]]]]]]]]]]]]]]] 20
I hereby certify that I have caused the foregoing citation tobe published once each week for three (3) successive weeks in the ]]]]]]]]]]]]a newspaper published in ]]]]]]]]]]]], in the County of ]]]]]]]]]]]], and theState, to wit: on the ]]]]]]]]]]]] day of ]]]]]]]]]]]], the ]]]]]]]]]]]] day of]]]]]]]]]]]], and the ]]]]]]]]]]]] day of ]]]]]]]]]], 20 ]]]]]], a copy ofwhich 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 theright of redemption acquired under a certain tax deed (or deeds) from theCollector 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 andmoves that a general default of all parties respondent, whether named in thenotice or not, who have not appeared or answered, be recorded, and that theapplication 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, andthereupon, upon consideration thereof, it is
ORDERED, ADJUDGED AND DECREED that all rights of redemptionare forever foreclosed and barred under the deed given by the Collector ofTaxes for the ]]]]]]]]]] of ]]]]]]]]]] in the County of ]]]]]]]]]] and theState, 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 dulyrecorded in Book ]]]]]]]]]], Page ]]]]]]]]]] was filed in this Court on]]]]]]]]]]]]]].
Thereafter due proceedings under the petition were institutedaccording to law, and finally on ]]]]]]]]]], a decree forever foreclosing andbarring all rights of redemption under the deed was entered, and this notice offinal disposition of the petition is directed to be recorded in the Registry ofDeeds 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, theseparcels having been purchased by the City – Town of ]]]]]]]]]] fornonpayment 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 cityor 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 theprovisions of §§ 44-9-36 – 44-9-45, I SHALL OFFER FOR SALE ATPUBLIC AUCTION, severally or together, certain parcels of land of low valuelisted 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 youappear 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 otherinterest in the land conveyed or purporting to be conveyed under § 44-9-36or § 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, uponthe recording of the deed as required by § 44-9-36 or § 44-9-38, beforever barred from raising any question concerning the validity of the titleconveyed, and a statement contained in the treasurer's deed that service hasbeen 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, returnreceipt requested, at least fourteen (14) days before the sale, to any personhaving a right of redemption or any other interest in any of the parcels to besold.
Form No. 13
§ 44-9-36
This deed is not valid unless recorded in the proper registryof 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 considerationof ]]]]]]]]]]]]/100 dollars to me paid, hereby grant to ]]]]]]]]]]]] of]]]]]]]]]]]] the parcel-parcels of land described in the tax collector's deedto 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 ParcelBook Page
The land hereby granted was assessed for $ ]]]]]]]]]] and wasoffered for sale at public auction on ]]]]]]]]]], 20 ]]]]]], in accordance witha notice of sale posted on ]]]]]]]]]], 20 ]]]]]], in (Specify place wherenotice was posted) ]]]]]]]]]]; and was sold to the above-named grantee (at theoriginal time and place appointed for the sale – at an adjournment of thesale on ]]]]]]]]]], 20 ]]]]]],) that grantee being the highest bidder whose bidwas not rejected as inadequate.
This deed is given with the covenant that the sale was in allparticulars 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 registryof 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 landdescribed in the tax collector's deed to which reference is made in thefollowing 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 ParcelBook Page
The land hereby granted was assessed for $]]]]]]]]]] and wasoffered for sale at public auction on ]]]]]]]]]], 20 ]]]]]], in accordance witha notice of sale posted on ]]]]]]]]]], 20 ]]]]]], in (Specify place wherenotice of sale posted) on ]]]]]]]]]], 20 ]]]]]], in (Specify place where noticewas posted).
(Strike out Paragraph (A) or (B) as the Circumstances Require)
No bid
(A) No bid deemed adequate by me was made at the time andplace appointed for the sale or at any adjournment thereof, and the city –town therefore became the purchaser at an adjournment of the sale on]]]]]]]]]], 20 ]]]]]].
(B) The purchaser failed to pay the amount bid by him or herat ]]]] the original time and place appointed for the sale, or ]]]]]]]]]] anadjournment of the sale on ]]]]]]]]]], 20 ]]]]]], within ten (10) daysthereafter, wherefore the sale became void and the city – town became thepurchaser.
In Witness, etc.
Treasurer
of
Name of City or Town
Acknowledgment. See Form 2.
Form No. 15
§ 44-9-40
STATE OF RHODE ISLAND
Petition to Establish Title Acquired under § 44-9-36 or§ 44-9-38. To the Honorable, the Judges of the Superior Court.
The undersigned hereby represent that the land hereinafterdescribed was sold on ]]]]]]]]]] for the nonpayment of taxes by ]]]]]]]]]] ,County of ]]]]]]]]]] . Pursuant to §§ 44-9-36 and 44-9-38, the landwas conveyed to ]]]]]]]]]] by instrument dated ]]]]]]]]]] and recorded in Book]]]]]]]]]] , Page ]]]]]]]]]] , that the undersigned now hold title under aninstrument from ]]]]]]]]]] dated ]]]]]]]]]] , and duly recorded in Book]]]]]]]]]] , Page ]]]]]]]]]] , that the following are the names and addressesof all persons known to the undersigned who have any interest in the land otherthan the petitioner ]]]]]]]]]]]]]]]]]] to wit:
that the assessed value of the land and buildings is$]]]]]]]]]] ; and that the land is described as follows:
(Description)
Wherefore your petitioner prays that all persons having aninterest in the above-described premises show cause why they should not bringan action to try any claim or claims which they may have adverse to yourpetitioner's title. And if such persons do not appear within the time fixed orhaving appeared disobey the lawful Order of the Court to try their claim orclaims, that the Court enter a decree that they be forever barred from havingor enforcing any claim or claims adversely to the petitioner, his or her heirsor assigns, in the land described.
On this ]]]]]]]]]] day of ]]]]]]]]]], 20 ]]]]]], personallyappeared before me the within named ]]]]]]]]]], known to me to be the signersof the foregoing petition, and made oath that the statements therein containedso far as made of their own knowledge are true and so far as made uponinformation and belief that they believe them to be true.
Before me
Notary Public