In a recent case, Westconnaug Recovery Co., LLC v. U.S. Bank N.A, the Rhode Island Supreme Court ruling had a firm stance against redemption, advocating for a strict compliance with the Rhode Island’s Tax Title Act. The Court claimed that any interested party contesting the validity of tax title should assert a statutory right to redemption under § 44-9-29, even in response to a foreclosure proceeding. This stands firm, even if initially, they bring their challenge under § 44-9-31.
This consistently strict interpretation of the statute by the Rhode Island Supreme Court speaks of an unforgiving stance that discourages exceptions to the Tax Title Act rules. While this trend is fueling a sense of certainty within the state’s legal environments, it could potentially result in dire consequences for those who fail to meet the stringent requirements of the Tax Title Act.
Legal practitioners, in particular, must remain alert to the sustained rigidity of interpretation when crafting their strategies, given the unyielding precedent the court is setting. This implies that appeals for redemption that sway from the strictures outlined in the Tax Title Act might be met with a stringent refusal in Rhode Island’s judicial corridors.
For a comprehensive briefing on the ruling and its implications, consider reading the full article.
This piece was prepared with assistance from Hinshaw & Culbertson – Consumer Crossroads.