§ 44-9-25.1 - Foreclosure of the rights of redemption on account of abandonment.
SECTION 44-9-25.1
§ 44-9-25.1 Foreclosure of the rights ofredemption on account of abandonment. – Notwithstanding the provisions of § 44-9-25, following a sale of land fortaxes, whoever holds the acquired title, may bring an immediate petition in thesuperior court for the foreclosure of all rights of redemption upon a findingby the superior court of abandonment. The petition shall include a descriptionof the land to which it applies, with its assessed valuation, the petitioner'ssource of title, giving reference to the place, book, and page of the record,and other facts as may be necessary for the information of the court. A findingof abandonment shall be made under the following circumstances:
(1) The summons initiating the proceedings for theforeclosure of all rights of redemption and directed to the taxpayer at thetaxpayer's premises, or at the last known address of the taxpayer, if known bythe petitioner to be different from that of the taxpayer's premises, isreturned not found.
(2) Upon the return of the summons as "not found," thepetitioner may move the court, notice of the motion having been sent to thetaxpayer by certified mail at the taxpayer's last known address, for theappointment of the code enforcement officer of the city or town or otherappropriate person as an officer of the court to make a personal inquiry intothe whereabouts of the taxpayer. The inquiry shall include visits to thetaxpayer's premises, and inquiries with neighbors, known relatives, employers,and any other person or entity who the officer may reasonably conclude hasinformation to the whereabouts of the taxpayer.
(3) If the officer of the court, upon inquiry, is unable toascertain the whereabouts of the taxpayer, the court may, upon hearing thereport of the officer and being satisfied as to its thoroughness, enter afinding that the taxpayer's premises are abandoned, and order that all rightsof redemption be immediately foreclosed on account of the abandonment.
(4) If the inquiry of the officer results in the location ofthe taxpayer, the taxpayer shall be ordered by the court to appear for thelimited purpose of declaring his or her intention with regard to exercising hisor her right of redemption over the property. If, upon making an appearance,the taxpayer states that neither he or she nor anyone holding under him or herintends to occupy the mortgaged premises, the court may order that all rightsof redemption be immediately foreclosed on account of that abandonment.
(5) Any person who willfully misrepresents facts regardingthe finding of abandonment of taxpayer's premises or who engages in harassmentor pressure to cause taxpayers to abandon premises or otherwise fraudulentlyobtains a finding of abandonment or a finding that premises have not beenabandoned, shall be guilty of a misdemeanor punishable by a fine of not lessthan one thousand dollars ($1,000) or thirty (30) days in prison.
(6) Actions brought under this section to foreclose the rightof redemption on account of abandonment in the superior court shall be givenprecedence on the calendar and shall be heard not later than thirty (30) daysfrom the initiation of the proceedings.