Westconnaug Recovery Company, LLC v. U.S. Bank National Association as Trustee for ARMT 2007-2

Syllabus

In these two consolidated cases, the petitioner challenged a final judgment in favor of the respondent allowing it to redeem real property in a tax action and an order granting the respondent's motion to adjudge the petitioner in contempt. On appeal, the petitioner contended that the hearing justice erred because the respondent did not comply with the strict statutory structure of the G.L. 1956 chapter 9 of title 44 and was still allowed to redeem. The petitioner maintained that the stay of the redemption judgment mooted any need for compliance.<br> <br>The Supreme Court concluded that the hearing justice erred in granting respondent a right to redeem the property because respondent did not include an offer to redeem in its answer and did not amend its answer before the fixed date required by G.L. 1956 § 44-9-29. The Supreme Court concluded that respondent failed to make an offer to redeem within the statutorily prescribed timeline, and thus, the Court vacated the judgment in favor of respondent.<br><br>The Supreme Court further vacated the order adjudging the petitioner in contempt because the order was the result of a failure to comply with the redemption order by the petitioner, which required compliance prior to the expiration of the appeal period. <br><br>Accordingly, this case was remanded to the Superior Court for the purposes of hearing the petitioner's amended petition to foreclose right of redemption.