State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-9 > 44-9-12

SECTION 44-9-12

   § 44-9-12  Collector's deed – Rightsconveyed to purchaser – Recording. – (a) The collector shall execute and deliver to the purchaser a deed of theland, stating the cause of sale, the price for which the land was sold, theplaces where the notices were posted, the name of the newspaper in which theadvertisement of the sale was published, the residence of the grantee, and ifnotice of the sale was given to the Rhode Island Housing and Mortgage FinanceCorporation and or to the department of elderly affairs under the provisions of§ 44-9-10, the collector shall include an affirmative certification as towhich entity/entities received notice and the date(s) on which each such noticewas given which shall set forth in the collector's deed. The deed shall conveythe land to the purchaser, subject to the right of redemption. The conveyedtitle shall, until redemption or until the right of redemption is foreclosed,be held as security for the repayment of the purchase price, with allintervening costs, terms imposed for redemption, and charges, with interest,and the premises conveyed, both before and after either redemption orforeclosure, shall also be subject to and have the benefit of all easements andrestrictions lawfully existing in, upon, or over the land or appurtenant to theland. The deed is not valid unless recorded within sixty (60) days after thesale. If the deed is recorded it is prima facie evidence of all facts essentialto the validity of the title conveyed by the deed. It shall be the duty of thecollector to record the deed within sixty (60) days of the sale and to forwardsaid deed promptly to the tax sale purchaser. The applicable recording feeshall be paid by the redeeming party. Except as provided, no sale shall give tothe purchaser any right to either the possession, or the rents, or profits ofthe land until the expiration of one year after the date of the sale, nor shallany sale obviate or transfer any responsibility of an owner of property tocomply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of property untilthe right of redemption is foreclosed.

   The rents to which the purchaser shall be entitled after theexpiration of one year and prior to redemption shall be those net rentsactually collected by the former fee holder or a mortgagee under an assignmentof rents. Rents shall not include mere rental value of the land, nor shall thepurchaser be entitled to any rent for owner-occupied single-unit residentialproperty. For purposes of redemption, net rents shall be computed by deductingfrom gross rents actually collected any sums expended directly or on behalf ofthe tenant from whom the rent was collected. Such expenditure shall includeutilities furnished, repairs made to the tenanted unit, and services providedfor the benefit of the tenant. However, mortgagee payments, taxes and sumsexpended for general repair and renovation (i.e. capital improvements) shallnot be deductible expenses in the computation of the rent.

   (b) This tax title purchaser shall not be liable for anyenforcement or penalties arising from violations of environmental or minimumhousing standards prior to the expiration of one year from the date of the taxsale, except for violations which are the result of intentional acts by the taxsale purchaser or his or her agents.

   (c) Upon the expiration of one year after the date of thesale, the tax title holder shall be jointly and severally liable with the ownerfor all responsibility and liability for the property and shall be responsibleto comply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of the property evenprior to the right of redemption being foreclosed. Nothing in this sectionshall be construed to confer any liability upon a city or town, which receivestax title as a result of any bids being made for the land offered for sale atan amount equal to the tax and charges.

   (d) In the event that the tax lien is acquired by the RhodeIsland Housing and Mortgage Finance Corporation, and said corporation has paidthe taxes due, title shall remain with the owner of the property, subject tothe right of the corporation to take the property in its own name, pursuant toapplicable statutes and any regulations duly adopted by the corporation. Uponsuch notice by the corporation, the collector shall execute and deliver a deedto the corporation as herein provided.

State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-9 > 44-9-12

SECTION 44-9-12

   § 44-9-12  Collector's deed – Rightsconveyed to purchaser – Recording. – (a) The collector shall execute and deliver to the purchaser a deed of theland, stating the cause of sale, the price for which the land was sold, theplaces where the notices were posted, the name of the newspaper in which theadvertisement of the sale was published, the residence of the grantee, and ifnotice of the sale was given to the Rhode Island Housing and Mortgage FinanceCorporation and or to the department of elderly affairs under the provisions of§ 44-9-10, the collector shall include an affirmative certification as towhich entity/entities received notice and the date(s) on which each such noticewas given which shall set forth in the collector's deed. The deed shall conveythe land to the purchaser, subject to the right of redemption. The conveyedtitle shall, until redemption or until the right of redemption is foreclosed,be held as security for the repayment of the purchase price, with allintervening costs, terms imposed for redemption, and charges, with interest,and the premises conveyed, both before and after either redemption orforeclosure, shall also be subject to and have the benefit of all easements andrestrictions lawfully existing in, upon, or over the land or appurtenant to theland. The deed is not valid unless recorded within sixty (60) days after thesale. If the deed is recorded it is prima facie evidence of all facts essentialto the validity of the title conveyed by the deed. It shall be the duty of thecollector to record the deed within sixty (60) days of the sale and to forwardsaid deed promptly to the tax sale purchaser. The applicable recording feeshall be paid by the redeeming party. Except as provided, no sale shall give tothe purchaser any right to either the possession, or the rents, or profits ofthe land until the expiration of one year after the date of the sale, nor shallany sale obviate or transfer any responsibility of an owner of property tocomply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of property untilthe right of redemption is foreclosed.

   The rents to which the purchaser shall be entitled after theexpiration of one year and prior to redemption shall be those net rentsactually collected by the former fee holder or a mortgagee under an assignmentof rents. Rents shall not include mere rental value of the land, nor shall thepurchaser be entitled to any rent for owner-occupied single-unit residentialproperty. For purposes of redemption, net rents shall be computed by deductingfrom gross rents actually collected any sums expended directly or on behalf ofthe tenant from whom the rent was collected. Such expenditure shall includeutilities furnished, repairs made to the tenanted unit, and services providedfor the benefit of the tenant. However, mortgagee payments, taxes and sumsexpended for general repair and renovation (i.e. capital improvements) shallnot be deductible expenses in the computation of the rent.

   (b) This tax title purchaser shall not be liable for anyenforcement or penalties arising from violations of environmental or minimumhousing standards prior to the expiration of one year from the date of the taxsale, except for violations which are the result of intentional acts by the taxsale purchaser or his or her agents.

   (c) Upon the expiration of one year after the date of thesale, the tax title holder shall be jointly and severally liable with the ownerfor all responsibility and liability for the property and shall be responsibleto comply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of the property evenprior to the right of redemption being foreclosed. Nothing in this sectionshall be construed to confer any liability upon a city or town, which receivestax title as a result of any bids being made for the land offered for sale atan amount equal to the tax and charges.

   (d) In the event that the tax lien is acquired by the RhodeIsland Housing and Mortgage Finance Corporation, and said corporation has paidthe taxes due, title shall remain with the owner of the property, subject tothe right of the corporation to take the property in its own name, pursuant toapplicable statutes and any regulations duly adopted by the corporation. Uponsuch notice by the corporation, the collector shall execute and deliver a deedto the corporation as herein provided.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-44 > Chapter-44-9 > 44-9-12

SECTION 44-9-12

   § 44-9-12  Collector's deed – Rightsconveyed to purchaser – Recording. – (a) The collector shall execute and deliver to the purchaser a deed of theland, stating the cause of sale, the price for which the land was sold, theplaces where the notices were posted, the name of the newspaper in which theadvertisement of the sale was published, the residence of the grantee, and ifnotice of the sale was given to the Rhode Island Housing and Mortgage FinanceCorporation and or to the department of elderly affairs under the provisions of§ 44-9-10, the collector shall include an affirmative certification as towhich entity/entities received notice and the date(s) on which each such noticewas given which shall set forth in the collector's deed. The deed shall conveythe land to the purchaser, subject to the right of redemption. The conveyedtitle shall, until redemption or until the right of redemption is foreclosed,be held as security for the repayment of the purchase price, with allintervening costs, terms imposed for redemption, and charges, with interest,and the premises conveyed, both before and after either redemption orforeclosure, shall also be subject to and have the benefit of all easements andrestrictions lawfully existing in, upon, or over the land or appurtenant to theland. The deed is not valid unless recorded within sixty (60) days after thesale. If the deed is recorded it is prima facie evidence of all facts essentialto the validity of the title conveyed by the deed. It shall be the duty of thecollector to record the deed within sixty (60) days of the sale and to forwardsaid deed promptly to the tax sale purchaser. The applicable recording feeshall be paid by the redeeming party. Except as provided, no sale shall give tothe purchaser any right to either the possession, or the rents, or profits ofthe land until the expiration of one year after the date of the sale, nor shallany sale obviate or transfer any responsibility of an owner of property tocomply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of property untilthe right of redemption is foreclosed.

   The rents to which the purchaser shall be entitled after theexpiration of one year and prior to redemption shall be those net rentsactually collected by the former fee holder or a mortgagee under an assignmentof rents. Rents shall not include mere rental value of the land, nor shall thepurchaser be entitled to any rent for owner-occupied single-unit residentialproperty. For purposes of redemption, net rents shall be computed by deductingfrom gross rents actually collected any sums expended directly or on behalf ofthe tenant from whom the rent was collected. Such expenditure shall includeutilities furnished, repairs made to the tenanted unit, and services providedfor the benefit of the tenant. However, mortgagee payments, taxes and sumsexpended for general repair and renovation (i.e. capital improvements) shallnot be deductible expenses in the computation of the rent.

   (b) This tax title purchaser shall not be liable for anyenforcement or penalties arising from violations of environmental or minimumhousing standards prior to the expiration of one year from the date of the taxsale, except for violations which are the result of intentional acts by the taxsale purchaser or his or her agents.

   (c) Upon the expiration of one year after the date of thesale, the tax title holder shall be jointly and severally liable with the ownerfor all responsibility and liability for the property and shall be responsibleto comply with any statute of this state or ordinance of any municipalitygoverning the use, occupancy, or maintenance or conveyance of the property evenprior to the right of redemption being foreclosed. Nothing in this sectionshall be construed to confer any liability upon a city or town, which receivestax title as a result of any bids being made for the land offered for sale atan amount equal to the tax and charges.

   (d) In the event that the tax lien is acquired by the RhodeIsland Housing and Mortgage Finance Corporation, and said corporation has paidthe taxes due, title shall remain with the owner of the property, subject tothe right of the corporation to take the property in its own name, pursuant toapplicable statutes and any regulations duly adopted by the corporation. Uponsuch notice by the corporation, the collector shall execute and deliver a deedto the corporation as herein provided.