Before the sale, the collector shall give notice of the time and place of sale posted
in two (2) or more public places in the city or town at least three (3) weeks before
the time of the sale. The collector shall also cause to be published in some public
newspaper published in the city or town, if there is one, and if there is no public
newspaper published in the city or town, then in some public newspaper published in
the county, a statement concerning the time and place of sale, the real estate liable
for payment of taxes, and the name of the person against whom the real estate was
assessed, with a list of the parcel or parcels to be offered for sale by the recorded
plat and lot number, or by assessors’ plat and lot number, or by other adequate description.
The newspaper notice giving this full description shall be inserted, once, at least
three (3) weeks prior to the date of the advertised sale, and thereafter a weekly
formal legal notice, between the date of original advertisement and the time of sale
specified in the notice, shall be inserted, stating that the collector will sell at
public auction the real estate advertised. The subsequent formal legal notice shall
include reference to the original advertisement, which gave a full description. Whenever
an advertised tax sale is continued or postponed, a formal legal notice giving the
new date shall be inserted at least one week prior to the new date. Any notice of
sale shall inform any party entitled to notice of its right of redemption and shall
explain to such party the manner in which said right shall be exercised and inform
said party of the penalties and forfeiture that may occur if the right of redemption
is not exercised.
Notes of Decisions
140 Reservoir Avenue Assocs. v. Sepe Investments, LLC, 941 A.2d 805 (R.I. 2007).
· cites it 5× “The city also posted notice of the sale in three public places and published notice in The Providence Journal for four weeks, all in accordance with G.L.1956 § 44-9-9. On June 25, 2003, two days after the mortgage foreclosure sale, the city held the tax sale.”
Arnold Road Realty Assocs., LLC v. Tiogue Fire Dist., 873 A.2d 119 (R.I. 2005).
· cites it 2× “At the time of the tax sale, G.L. 1956 §§ 44-9-9 and 44-9-10 provided that the tax collector must, before a tax sale, place a newspaper notice identifying the “name of the person against whom the real estate was assessed,” and must “notify thé taxpayer” of the time and place of…”
First Bank & Trust Co. v. City of Providence, 827 A.2d 606 (R.I. 2003).
· cites it 6× “Finally, the city collector posted notice of the impending tax sale in three public places and, in accordance with § 44-9-9, provided notice by publication for the requisite period.”
Pontes v. Cunha, 310 F. Supp. 2d 447 (D.R.I. 2004).
· cites it 2× “The ease with which the City could have provided Pontes with notice of the right of redemption is evidenced by the General Assembly’s amendment to R.I. Gen. Laws § 44-9-9, entitled "Notice and Advertisement of Sale,” which added the following language: "Any notice of sale shall…”
Ashness v. Tomasetti, 643 A.2d 802 (R.I. 1994).
· cites it 2× “See § 44-9-9. Section 44-9-10 is similar to § 46-21-52, and the current version mandates notice to a taxpayer, whether or not a state resident, by certified or registered mail, by leaving such notice at the taxpayer’s last and usual place of abode, or by personal service.”
Kildeer Realty v. Brewster Realty Corp., 826 A.2d 961 (R.I. 2003).
“The posting and publication of the notice of the time and place of sale in the manner provided by § 44-9-9 shall be deemed sufficient notice to all other interested parties.”
Robert P. Quinn Trust v. Ruiz, 723 A.2d 1127 (R.I. 1999).
“— (a) Whether or not the person to whom the estate is taxed be a resident of this state, the collector shall, in addition to [publishing a public notice and advertisement required by § 44-9-9], notify the taxpayer of the time and place of sale either by registered or certified…”
Picerne v. Sylvestre, 324 A.2d 617 (R.I. 1974).
“1956 (1970 Reenactment) §§44-9-9 and 44-9-11. The collector is directed to post notice of the time and place of the sale in two or more public places within his city or town .”
Mortg. Elec. Reg. Sys., Inc. v. Verissimo DePina, 63 A.3d 871 (R.I. 2013).
“The PWSB also publicly advertised the sale of Lot 486 pursuant to § 44-9-9. At the time these notices were sent, MERS (as nominee for lenders Citigroup Global Markets Realty and Regions Bank) held first and second mortgages on the property, which were appropriately recorded in…”
Kim v. Jordan Realty (D.R.I. 2020).
· cites it 9× “Kim does not challenge PWSB’s compliance with the requirements of R.I. Gen. Laws § 44-9-9. However, he claims that they were not effective, in that, as he avers, he “never had actual knowledge of[] the time and place of the tax sale.”
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