Green Acres Realty, Inc. v. Rocchio
Green Acres Realty, Inc. v. Rocchio
Opinion of the Court
This appeal involves a petition to foreclose all rights of redemption arising from a tax sale that took place in the town of Johnston on March 26, 1966. The proceedings were instituted pursuant to the pertinent provisions of our Tax Sale Statute, G. L. 1956 (1970 Reenactment) chapter 9 of title 44. The petitioner was present at the 1966 sale and purchased a vacant parcel of land located on the northerly side of Hartford Avenue. The record owners of the parcel were the respondents, Louis T. Rocchio and his wife, Rose. The respondents have appealed from a judgment entered in the Superior Court denying them any standing to challenge the validity of the tax collector’s deed received by the petitioners. Hereinafter we shall refer to the petitioner as “Green Acres” and the respondents as the “Rocchios.”
The tax sale was held to collect unpaid taxes due the
Seven and a half years following the sale, Green Acres filed its foreclosure petition. In its petition Green Acres listed as persons having an interest in the property, the Roeehios, the Roeehios’ mortgagee, and a number of other creditors who had placed attachments or had levied an éxecution on the subject property. Notice of the petition’s filing was mailed to all those listed in the petition. Answers were filed by the Roeehios and one of the creditors. In their answers the Roeehios challenged the validity of the sale and asked that the Green Acres’ petition be dismissed and that they be allowed to reclaim their property.
Legal memoranda were submitted to the trial justice. The Roeehios took the position that the sale and the deed were aborted because of a failure to comply with the provisions found in G. L. 1956 (1970 Reenactment) §44-9-12 which states that a tax collector’s deed “* * * shall not be valid unless recorded within sixty (60) days after the sale.” As noted earlier, the deed was not recorded until June 15, almost 20 days later than the time limit specified in the statute.
A title examination is part of the record. It shows that on December 30, 1963, the sheriff attached the Roeehios’ real estate as a result of a suit brought by a credit union.
After reviewing the documents before him, the trial justice ruled that because of the 1964 sheriff sale and subsequent deed, the Rocchios had no standing to question the late recording of the tax collector and no right to redeem the property. We agree.
The sole reason why the Rocchios were named as parties to the suit was because at the time of the tax sale they were the record titleholders of the Hartford Avenue parcel. Their status as respondents is the direct result of the credit union’s belated recording of the sheriff’s deed. Recently, we have emphasized that under our tax sale statute, “* * * the collector’s deed is in the nature of an independent grant from the sovereign which bars or extinguishes all former titles, interests and liens not specifically excepted” and the title conveyed by the tax collector “is absolute, subject only to defeasance by redemption.” Picerne v. Sylvestre, 113 R. I. 598, 600-01, 324 A.2d 617, 618 (1974).
Almost a century ago, however, the court in speaking of the. statutory predecessor to G. L. 1956 (1969 Reenactment) §9-26-16 (1872 General Statutes ch. 212, '§14) pointed out that the statute vests in the recipient of a sheriff’s deed “* * * all the right, title, and interest the owner had at the time of the attachment.” De Wolf v.
The respondents’ appeal is denied and dismissed and the case is remanded to the Superior Court.
Reference
- Full Case Name
- Green Acres Realty, Inc. v. Louis T. Rocchio
- Cited By
- 1 case
- Status
- Published