Chapter 04-

Chapter 04-051

2004 -- H 7182 AS AMENDED

Enacted 06/11/04

A N A C T

RELATING TO TAXATION -- MUNICIPAL LIEN CERTIFICATES

Introduced By: Representatives Lowe, and San Bento

Date Introduced: January 14, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Section 44-7-11 of the General Laws in Chapter 44-7 entitled "Collection of

Taxes Generally" is hereby amended to read as follows:

44-7-11. Collectors to furnish statements of liens. -- (a) The collector of taxes for any

city, town, or fire district shall, on written application by any person, and within five (5) days

thereafter, excluding Saturdays, Sundays, and holidays, furnish to the applicant a single certificate

of all taxes and other assessments, including water rates and charges, which at the time constitute

liens on the parcel of real estate specified in the application and are payable on account of the real

estate. The certificate shall be itemized and shall show the amounts payable on account of all

taxes and assessments, rates, fees and charges, so far as the amounts are fixed and ascertained,

and if the amounts are not then ascertainable, it shall be expressed in the certificate. In addition,

the tax certificate shall include: (1) a statement as to whether there are any tax sales scheduled

which would affect the parcel of real estate noted in the certificate; and (2) a statement as to

whether any of taxes or other assessments noted on the tax certificate as being paid in full were

paid as the result of a sale held pursuant to the provisions of chapter 9 of this title within the

twelve (12) month period immediately preceding issuance of the certificate. Any city or town

officer or board doing any act toward establishing any tax assessment, lien, fees or charge upon

any real estate in the city or town shall transmit a notice of that act to the collector of taxes. The

collector of taxes shall charge not more than ~~twelve dollars ($12.00), except that for tax~~

~~certificates issued by the tax collectors for the towns of Cumberland, Exeter, Smithfield, and~~

~~Johnston the charge is twelve dollars ($12.00) for each certificate so issued, and the charge for the~~

~~issuance of tax certificates by the tax collector for the town of Barrington is twenty dollars~~

~~($20.00)~~ twenty-five dollars ($25.00) for each certificate so issued, and the money so received

shall be paid into the city or town treasury. A certificate issued on or after October 1, 1966, under

this section may be filed or recorded with the land evidence records of the city or town in which

the real estate shall be situated within sixty (60) days after its date, and if filed or recorded shall

operate to discharge the parcel of real estate specified from the liens for all taxes, assessments or

portions, rates, fees and charges which do not appear by the certificate to constitute liens, except

the taxes, assessments or portions, rates, fees and charges which have accrued within one year

immediately preceding the date of the certificate; provided, that they are noted in the certificate,

and the taxes, assessments or portions, rates, and charges concerning which a statement has been

filed or recorded in the land evidence records; provided, that a certificate issued under this section

shall not affect the obligation of any person liable for the payment of any tax, assessment, rate,

fee, or charge.

(b) The fee to be paid for filing the certificate with the registry of deeds is eight dollars

($8.00).

lien certificate, include and attach to the certificate at no additional fee, as a separate motor

vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time are due

and payable to the town on account of any owner of any real estate referenced in the application.

The closing agent presiding at the closing on any transfer of the real estate shall collect all sums

due as set forth on the motor vehicle excise tax certificate and transmit the sums to the tax

collector along with the forwarding address of the owner transferring the real estate.

(d) In the town of Warren, the tax collector shall, upon application for any municipal lien

certificate, include and attach to the certificate at no additional fee, as a separate motor vehicle

excise tax certificate setting forth all motor vehicle excise taxes which at the time are due and

payable to the town on account of any owner of any real estate referenced in the application. The

closing agent presiding at the closing on any transfer of the real estate shall collect all sums due

as set forth on the motor vehicle excise tax certificate and transmit the sums to the tax collector

along with the forwarding address of the owner transferring the real estate.

(e) In the town of Smithfield, the tax collector shall, upon application for any municipal

lien certificate, include and attach the certificate at no additional fee, as a separate motor vehicle

excise tax certificate setting forth all motor vehicle excise taxes which at the time are due and

payable to the town on account of any owner of any real estate referenced in the application. The

closing agent presiding at the closing on any transfer of the real estate shall collect the sums due

as set forth on the motor vehicle excise tax certificate and transmit the sums to the tax collector

along with the forwarding address of the owner transferring any real estate. This section does

apply to refinancing transactions or to transfers of real estate within a family without

consideration.

(f) The collector of taxes for any city, town, or fire district may, upon application for any

municipal lien certificate, include and attach to the certificate at no additional fee, as a separate

motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time

are due and payable to the town on account of any owner of any real estate referenced in the

application. The closing agent presiding at the closing on any transfer of the real estate shall

collect such sums due as set forth on the motor vehicle excise tax certificate and transmit the

sums to the tax collector along with the forwarding address of the owner transferring any real

estate. This section does apply to refinancing transactions or to transfers of real estate within a

family without consideration.

(g) In the town of Scituate, the tax collector shall, upon application for any municipal