Karayiannis v. Ibobokiwe

Summary

The Rhode Island Supreme Court affirmed a Superior Court judgment foreclosing all rights of redemption in property acquired through a municipal tax sale and later assigned to the plaintiffs. The court held that the defendants were properly served, waived challenges to the tax title by failing to comply with statutory answer and specification requirements, and that the property's boarding and demolition liens terminated under the applicable three-year statutory period. The court also concluded that the former owner had not timely sought redemption.

Holdings

1. Service was adequate because the defendants were served by certified mail in compliance with G.L. 1956 § 44-9-27, and the City's argument that its treasurer was the proper recipient was not preserved because it was not raised in the Superior Court.
2. The defendants waived any challenge to the validity of the tax title by failing to answer by the return day and file specifications identifying the grounds on which they relied to defeat title.
3. Municipal boarding and demolition liens are added to the taxes due on the real estate, are treated in the same manner as liens arising from nonpayment of real estate taxes, and terminate by operation of law three years after attachment when the property has been alienated and the conveyance recorded.
4. The Superior Court properly foreclosed Ibobokiwe's right of redemption because she failed to answer the foreclosure petition by the return day and did not make a formal, timely offer to redeem.

Questions Presented

1. Whether service of the foreclosure petition and notice of the impending tax sale was adequate when the defendants were served by certified mail and the City appeared at the hearing.
2. Whether the defendants' failure to answer and file specifications by the statutory return day waived all challenges to the validity of the tax title.
3. Whether municipal boarding and demolition liens are treated as taxes and terminate three years after attachment under Rhode Island law.
4. Whether the Superior Court properly foreclosed Ibobokiwe's right of redemption when she appeared at the hearing but had not timely answered or formally offered to redeem.
5. Whether the defendants could raise on appeal the argument that service on the City's Department of Inspection and Standards was improper because the City's treasurer should have been served.

Disposition

affirmed