138 A.3d 756
R.I.2016Background
- Conley purchased 1090 Joslin Road at a tax sale on September 27, 2013 and filed a Petition to Foreclose Tax Lien on October 1, 2014 seeking to bar redemption rights under G.L. 1956 chapter 44-9.
- The Petition required interested parties to file an answer and offer to redeem on or before 20 days after receipt (return day was October 28, 2014).
- Bank of New York Mellon did not file an answer by the return day; it filed an appearance and response on November 11, 2014 and a Motion to File a Late Answer on November 12, 2014, seeking permission to redeem.
- The Superior Court denied Conley’s motion for default and granted the Bank’s motion to file a late answer and to redeem; the parties later agreed the redemption amount was $8,230.31.
- Conley appealed, arguing the Bank’s filings were untimely and that the Bank should have been barred from redeeming; the Supreme Court reviewed statutory construction de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court could allow Bank to file an untimely answer after the petition return day | Conley: Bank missed the return day and gave no adequate excuse; late filings shouldn’t be permitted | Bank: Sought leave to file late answer and to redeem; counsel apologized for misplacement and sought court discretion | Court: Motion to file late answer should have been denied because no good cause was shown; Bank was in default |
| Whether Bank could redeem property after failing to answer by the return day | Conley: Default barred all rights of redemption under §44-9-30 | Bank: Sought equitable discretion to redeem despite late filing | Court: Redemption should not have been permitted; decree barring redemption should be entered |
Key Cases Cited
- Shine v. Moreau, 119 A.3d 1 (R.I. 2015) (de novo review of statutory construction)
- Kayak Centre at Wickford Cove, LLC v. Town of Narragansett, 116 A.3d 250 (R.I. 2015) (plain-meaning rule for statutes)
- Sindelar v. Leguia, 750 A.2d 967 (R.I. 2000) (statutory interpretation principles)
- State v. Diamante, 83 A.3d 546 (R.I. 2014) (apply construction rules only if statute ambiguous)
- Johnson v. QBAR Associates, 78 A.3d 48 (R.I. 2013) (summary of redemption rights within one year after tax sale)
- Izzo v. Victor Realty, 132 A.3d 680 (R.I. 2016) (procedures for petition to foreclose redemption)
- Albertson v. Leca, 447 A.2d 383 (R.I. 1982) (failure to show extenuating circumstances supports denial of late relief)
- Karayiannis v. Ibobokiwe, 839 A.2d 492 (R.I. 2003) (default for failure to redeem or timely answer)