Rhode Island — Tax & Mortgage Foreclosure

Legal information, not legal advice. Verify against the cited primary sources before acting. Last verified: 2026-06-01.

Rhode Island is a municipal tax-title / redeemable-deed state. Cities and towns (not counties) conduct the sale; the collector issues a collector’s deed that is held only as security until the one-year right of redemption is either exercised or foreclosed by decree of the Superior Court. The redemption-foreclosure step — not the auction itself — is where ownership becomes absolute, and it is where Rhode Island’s structure raises tyler-v-hennepin-county equity-retention questions.

0. Identity & Classification

1. Tax Sale Mechanics

2. Right of Redemption → see right-of-redemption

3. Surplus / Excess Proceeds → see surplus-funds, third-party-recovery-rules

4. Mortgage Foreclosure

  • Process: both — Rhode Island predominantly uses non-judicial foreclosure by statutory power of sale under the mortgage’s power-of-sale clause (Title 34, ch. 34-11/34-27); judicial foreclosure is also available. 140 Reservoir Ave. Assocs. v. Sepe Invs., LLC, 941 A.2d 805 (R.I. 2007) (a “foreclosure conducted by statutory power of sale was a bar against the mortgagor”). — official RI tax case index, http://www.municipalfinance.ri.gov/documents/resources/lawschrono.pdf
  • Timeline: statutory power-of-sale foreclosure requires mailed notice to the mortgagor and publication before sale; see module 11 needs_verification for the exact day-counts under R.I. Gen. Laws § 34-27-4 (not retrieved this pass).
  • Reinstatement / redemption after sale: unverified this pass — Rhode Island generally has no statutory post-sale redemption for power-of-sale mortgage foreclosure (equitable redemption is cut off at the sale), but the precise § 34-27 citation was not retrieved; flagged in module 11.
  • Deficiency judgment: unverified this pass — see module 11.
  • Surplus distribution: mortgage-sale surplus is distributed to junior lienholders by priority and then the mortgagor; precise citation flagged in module 11.
  • Sale officer: the mortgagee (or its attorney/auctioneer) under the power of sale; in judicial cases, a court-appointed officer.

5. Sale Procedure Playbooks

6. Due Process & Notice → see due-process-notice

7. Title & Marketability

8. Case Law (real, verified)

CaseYearTopicHolding (plain English)Source
westconnaug-recovery-v-us-bank2023redemptionA party answering a foreclosure petition must make a statutory offer to redeem under § 44-9-29 on or before the return day; merely contesting tax-title validity under § 44-9-31 does not preserve redemption. Cited 290 A.3d 364 (R.I. 2023).https://www.hinshawcfs.com/rhode-island-supreme-court-redemptions-tax-sale-proceedings
amy-realty-v-gomes2004due_process / sale_procedureWhere notice of delinquency and impending sale was given by certified mail to the owner’s last-known address (returned unclaimed) and by publication, the sale complied with the statute and should not have been set aside. 839 A.2d 1232 (R.I. 2004).http://www.municipalfinance.ri.gov/documents/resources/lawschrono.pdf
harvey-realty-v-killingly-manor2001due_processA condominium association was not a “taxpayer” entitled to statutory notice, but as an interested party it was entitled, under due-process principles, to some form of notice of the tax sale. 787 A.2d 465 (R.I. 2001).http://www.municipalfinance.ri.gov/documents/resources/lawschrono.pdf
united-lending-v-providence2003sale_procedure / titleWhen the city took absolute title upon foreclosure of the right of redemption, prior tax liens were extinguished and later-accruing liens terminated — illustrating the strict-foreclosure title effect. 827 A.2d 626 (R.I. 2003).http://www.municipalfinance.ri.gov/documents/resources/lawschrono.pdf
140-reservoir-ave-v-sepe2007sale_procedure (mortgage)A mortgage foreclosure conducted by statutory power of sale was a bar against the mortgagor and interests reposing in the record owner. 941 A.2d 805 (R.I. 2007).http://www.municipalfinance.ri.gov/documents/resources/lawschrono.pdf
tyler-v-hennepin-county2023surplusA government that keeps a former owner’s surplus equity beyond the tax debt effects an unconstitutional taking (Fifth Amendment). Rhode Island’s strict-foreclosure decree (§ 44-9-30) returns no residual equity — Tyler reconciliation is unsettled (module 11).https://www.naco.org/news/supreme-court-case-could-impact-county-property-tax-revenue-21-states

Note: Johnson v. QBar Assocs. (R.I. 2013) (decree-vacatur limited to due-process infirmity) is referenced in the official RI case index but a verified reporter citation was not located this pass — see module 11.

9. Edge Cases (state-specific notes)

10. Operations

11. Meta