§ 44-9-43. Refund of purchase price when title based on collector’s sale, treasurer’s assignment, or sale without foreclosure adjudged invalid.
(a) If, as the result of a petition, the title based on a collector’s sale, treasurer’s assignment, or sale without foreclosure is determined to be invalid by the superior court because of errors or irregularities in the tax proceedings upon which it was based, the clerk, upon request, shall issue a certificate to that effect. The treasurer of the city or town where the land affected by the title is situated, upon receipt of a deed from the petitioner conveying all of the interest that he or she may have under it, together with the certificate, shall refund to the holder the amount paid, therefor plus statutory interest at the rate of one percent (1%) per month from the date of payment until the date of refund, notwithstanding the provisions of § 45-15-5. The taxing authority may recover any interest paid to a tax sale purchaser under this section from the delinquent assessed owner of the property as if the tax sale of the property had not been held.
(b) If, prior to the filing of a petition, the title based on a collector’s sale, treasurer’s assignment, or sale without foreclosure is determined to be invalid by mutual agreement of the municipality and tax title holder, because of errors or irregularities in the tax proceedings upon which it was based, the treasurer of the city or town where the land affected by the title is situated, upon receipt of a deed from the tax title holder conveying all of the interest that they may have under it, shall refund to the holder the amount paid therefor plus statutory interest at the rate of one percent (1%) per month from the date of payment until the date of refund, notwithstanding the provisions of § 45-15-5. The taxing authority may recover any interest paid to a tax sale purchaser under this section from the delinquent assessed owner of the property as if the tax sale of the property had not been held. Nothing in this subsection shall abrogate the authority of a municipality’s tax collector to redeem from a tax sale purchaser, in accordance with § 44-9-21, before an action to foreclose the right of redemption under § 44-9-25 has been filed, any property sold at tax sale where the collector determines administrative error has occurred.
History of Section.G.L. 1938, ch 32, § 57; P.L. 1946, ch. 1800, § 1; P.L. 1953, ch. 3192, § 2; G.L. 1956, § 44-9-43; P.L. 2003, ch. 262, § 1; P.L. 2006, ch. 534, § 4; P.L. 2006, ch. 537, § 4; P.L. 2018, ch. 351, § 1.
Structure Rhode Island General Laws
Section 44-9-1. - Tax titles on real estate.
Section 44-9-1.1. - Cumberland Hill fire district tax liens.
Section 44-9-2. - Taxes for which particular property liable.
Section 44-9-6. - Primary liability of life estate.
Section 44-9-7. - Advertising and taking or sale of real estate.
Section 44-9-8. - Sale of undivided part or whole of land.
Section 44-9-8.1. - Taking for taxes.
Section 44-9-8.2. - Deed of taking.
Section 44-9-8.3. - Sale of owner-occupied residential property to housing agency.
Section 44-9-9. - Notice and advertisement of sale.
Section 44-9-10. - Notice of sale to taxpayer.
Section 44-9-11. - Notice to mortgagees and other parties in interest.
Section 44-9-12. - Collector’s deed — Rights conveyed to purchaser — Recording.
Section 44-9-13. - Entry by collector not required — Recording of tax sale list.
Section 44-9-13.1. - Tax title holders — Filing required statements.
Section 44-9-14. - Purchase by collector for city or town.
Section 44-9-15. - Recital in deed to city or town.
Section 44-9-16. - Conveyance of several unimproved parcels by single deed — Apportionment of costs.
Section 44-9-17. - Lien for taxes assessed subsequent to sale.
Section 44-9-18. - Management and sale of land purchased by city or town — Assignment of tax title.
Section 44-9-18.2. - Cities and towns — Assignments to redevelopment agencies.
Section 44-9-18.3. - Tiverton — Assignments to the Tiverton land trust.
Section 44-9-18.4. - Westerly — Assignments to the Westerly land trust.
Section 44-9-19. - Right of redemption from city or town.
Section 44-9-20. - City or town treasurer’s release.
Section 44-9-21. - Redemption from purchaser other than city or town.
Section 44-9-22. - Proceedings as to low value lands unaffected by redemption provisions.
Section 44-9-23. - Certificate of redemption money paid to treasurer.
Section 44-9-24. - Title absolute after foreclosure of redemption — Jurisdiction of proceedings.
Section 44-9-25. - Petition for foreclosure of redemption.
Section 44-9-25.1. - Foreclosure of the rights of redemption on account of abandonment.
Section 44-9-25.3. - Expedited foreclosure of the rights of redemption on account of vacancy.
Section 44-9-26. - Deposit by petitioner to cover costs.
Section 44-9-27. - Examination of title — Notice to interested parties of foreclosure petition.
Section 44-9-28. - Order as to parties in default.
Section 44-9-29. - Redemption by party to foreclosure proceedings.
Section 44-9-30. - Decree barring redemption.
Section 44-9-31. - Contest of validity of tax title.
Section 44-9-32. - Recording of notices of foreclosure petition and final disposition.
Section 44-9-33. - Practice following course of equity.
Section 44-9-34. - Holding and disposition of land foreclosed by city or town.
Section 44-9-35. - Errors and irregularities in proceedings.
Section 44-9-36. - Sale by city or town treasurer without foreclosure.
Section 44-9-37. - Surplus proceeds from sale without foreclosure.
Section 44-9-38. - Purchase by city or town at sale without foreclosure.
Section 44-9-39. - Bar of persons notified of sale without foreclosure.
Section 44-9-40. - Petition to establish title based on sale without foreclosure.
Section 44-9-41. - Notice of petition to establish title.
Section 44-9-42. - Decree on petition to establish title.
Section 44-9-44. - Recording of notices in proceeding to establish title.
Section 44-9-45. - Jurisdiction of proceedings to establish title — Practice and procedure.
Section 44-9-47. - Definitions.
Section 44-9-48. - Lien — Perfection — Priority.
Section 44-9-49. - Notice of lien — Taxpayer.
Section 44-9-50. - Notice of lien — Secretary of state.
Section 44-9-51. - Notice to taxpayer — After lien has been perfected.
Section 44-9-52. - Effective period of lien — Limitation period.
Section 44-9-53. - Rights and remedies of municipality and taxpayer.