DocketNumber: K.C. No. 00-36
Judges: LANPHEAR, J.
Filed Date: 12/8/2009
Status: Precedential
Modified Date: 7/6/2016
In the spring of 1998, as taxes had not been paid, the McNiff Street property was scheduled for a tax sale. The Town of West Warwick sent notices of the sale by certified mail to Mr. Khalil at 17-19 McNiff Street, West Warwick, R.I. That envelope was returned unclaimed. The tax sale was held April 8, 1998. *Page 2
Banks that had provided mortgages on the property also received notices of the sale. In September 1999, one of the mortgagees, G.E. Capital Mortgage Services, Inc., redeemed the interest of the tax sale buyer by paying $20,411.16.
While Mr. Khalil acknowledges that some taxes were due, he seeks recovery against the Town of West Warwick as he incurred additional charges as a result of the tax sale. He claims that he received insufficient notice of the sale.
Mr. Khalil's principle claim is that he failed to receive adequate notice of the tax sale held by the Town.3
Certified mail was sent to Mr. Khalil at 17-19 McNiff Street, West Warwick. (Agreed Statement of Fact, ¶ 6). What is not established is where Mr. Khalil lived at the time and whether he provided that address to the tax collector. Mr. Khalil rests only on the bare agreement of facts and his deposition testimony. Obviously, the billing addresses used by the taxing authorities of the Town changed, but there is no indication as to how they changed. More importantly, there is no indication that Mr. Khalil did not live at the addresses where notice was sent.
In his deposition Mr. Khalil recalled little, and did not know how or why the tax collector directed some mail to his other addresses and addresses of his family members. *Page 3 (Husni Khalil deposition pp. 25-32). He does not even recall whether or not he asked the tax collector to redirect some mail.4
The rights of the parties at a tax sale foreclosure proceeding are determined by the law in force on the date of the tax sale. SeeSycamore Properties, LLC v. Tabriz Realty, LLC,
Question: But you have no explanation as to how the Town of West Warwick, received a) the name of your brother, Ziad, and b) the different address in Warwick, being 9 Reed Street and the other address being 292 Blackstone Street in Fall River, Mass?
Answer: I have no explanation.
Question: Okay. And finally 1999, which is — . . . If you go to the top of the page. —
Answer: Okay.
Question: It says Husni Khalil, 18 Mason Street, right?
Answer: Yes.
Question: And that's your Mason Street property?
Answer: Yes
Question: Do you recall telling the town of West Warwick the tax collectors's office, to stop sending the notices of the taxes to Ziad in Fall River, Mass. and start sending them to you?
Question: I cannot recall, but maybe when I refinanced —
Answer: I don't know when you refinanced.
Question: Maybe when I refinanced, they did the change or something.
Question: But again, when you did the refinance, who told the town where to send the taxes? Was it your attorney?
Answer: Probably our attorney, yes. Deposition of Husni Khalil, pp. 31-32.
140 Reservoir Avenue Associates v. Sepe Investments, LLC , 941 A.2d 805 ( 2007 )
Kildeer Realty v. Brewster Realty Corp. , 826 A.2d 961 ( 2003 )
Town of Jamestown v. Pennsylvania Co. for Banking & Trusts , 101 R.I. 274 ( 1966 )
Sycamore Properties, LLC v. Tabriz Realty, LLC , 870 A.2d 424 ( 2005 )
Harvey Realty v. Killingly Manor Condominium Assoc. , 787 A.2d 465 ( 2001 )
Holden v. Salvadore , 964 A.2d 508 ( 2009 )