Supreme Court 

No. 2022-331-Appeal.

(KC 21-798)

PennyMac Loan Services, LLC :

 

v. :

Roosevelt Associates, RIGP, et al. :

 

NOTICE: This opinion is subject to formal revision 

before publication in the Rhode Island Reporter. Readers 

are requested to notify the Opinion Analyst, Supreme 

Court of Rhode Island, 250 Benefit Street, Providence, 

Rhode Island 02903, at Telephone (401) 222-3258 or 

Email opinionanalyst@courts.ri.gov, of any typographical 

or other formal errors in order that corrections may be 

made before the opinion is published.
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Supreme Court 

No. 2022-331-Appeal.

(KC 21-798)

PennyMac Loan Services, LLC :

 

v. :

Roosevelt Associates, RIGP, et al. :

 

 

Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.

O P I N I O N 

Justice Long, for the Court. The plaintiff, PennyMac Loan Services, LLC 

(plaintiff), appeals from a Superior Court decision granting summary judgment in 

favor of the defendants Coventry Fire District; Roosevelt Associates, RIGP 

(Roosevelt); Linda Murray, Only in Her Capacity as Partner of Roosevelt 

Associates, RIGP; Coventry Fire District 5-19, RIGP; Douglas Smith, Only in His 

Capacity as Partner of Coventry Fire District 5-19, RIGP; Clarke Road Associates, 

RIGP; Title Investment Co., RIGP; and Stephen Smith, Only in His Capacity as 

Partner of Clarke Road Associates, RIGP and Title Investment Co., RIGP;

(collectively, defendants), in the plaintiff’s action to challenge (1) the adequacy of 

notice of a prior petition to foreclose the right of redemption from a title conveyed 
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by a tax collector’s deed pursuant to G.L. 1956 § 44-9-24;

1 and (2) the prior tax sale, 

as well as subsequent conveyances of property previously owned by the plaintiff, as 

voidable transfers pursuant to G.L. 1956 chapter 16 of title 6, the Uniform Voidable

Transactions Act (the act).

2

1 General Laws 1956 § 44-9-24 provides the following: 

“The title conveyed by a tax collector’s deed shall be 

absolute after foreclosure of the right of redemption by 

decree of the superior court as provided in this chapter. 

Notwithstanding the rules of civil procedure or the 

provisions of chapter 21 of title 9, no decree shall be 

vacated except in a separate action instituted within six (6) 

months following entry of the decree and in no event for 

any reason, later than six (6) months following the entry 

of decree. Furthermore, the action to vacate shall only be 

instituted for inadequacy of notice of the petition 

amounting to a denial of due process or for the invalidity 

of the tax sale because the taxes for which the property 

was sold had been paid or were not due and owing because 

the property was exempt from the payment of such taxes. 

The superior court shall have exclusive jurisdiction of the 

foreclosure of all rights of redemption from titles 

conveyed by a tax collector’s deed, and the foreclosure 

proceedings shall follow the course of equity in a 

proceeding provided for in §§ 44-9-25 – 44-9-33.” 

2 The plaintiff’s amended complaint sought declaratory and injunctive relief in an 

effort to vacate the foreclosure decree for the following reasons: (1) Roosevelt 

lacked the capacity to file a foreclosure petition based on its status as a general 

partnership; (2) the foreclosure citation failed to provide plaintiff with adequate 

notice and this failure denied plaintiff of its right to procedural due process; and (3) 

the tax sale and later conveyances of the subject property constituted fraudulent 

behavior pursuant to the act. The plaintiff has abandoned its first theory of relief on 

appeal.
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This case came before the Supreme Court pursuant to an order directing the 

parties to appear and show cause why the issues raised in this appeal should not be 

summarily decided. After considering the parties’ written and oral submissions and 

reviewing the record, we conclude that cause has not been shown and that we may 

decide this appeal without further briefing or argument. For the reasons set forth in 

this opinion, we affirm the amended judgment of the Superior Court. 

Facts and Procedural History

The relevant facts in this matter are undisputed. The plaintiff held a mortgage 

interest in property located at 24 Clarke Road in Coventry, Rhode Island (property),

pursuant to an assignment of mortgage dated July 9, 2015. The mortgagor,

defendant Domenico Companatico (Mr. Companatico), executed the mortgage when 

he obtained title to the property in 2010. Unfortunately, however, Mr. Companatico 

failed to pay 2018 fire district taxes in the amount of $622.51; consequently, the 

Coventry Fire District conducted a tax sale auction on October 11, 2019, and 

conveyed a one hundred percent interest in the property to Roosevelt for the sum of

$1,213.54, subject to a right of redemption under the Rhode Island General Laws. 

Additionally, plaintiff referred to the “Uniform Fraudulent Transfer Act” in its 

Superior Court filings. In 2018 the General Assembly amended the name of this act 

to the Uniform Voidable Transactions Act. See P.L. 2018, ch. 141, § 1; P.L. 2018, 

ch. 236, § 1. 
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One year later, Roosevelt filed a petition to foreclose any right of redemption 

pursuant to § 44-9-25,

3 and the Superior Court clerk issued a citation notifying 

interested parties of the proceedings. The citation provided a metes and bounds 

description of the property, but did not include a street address for the property. The 

citation also specified that the property was located in Coventry, Rhode Island;

provided the name and contact information of the attorney for Roosevelt; and warned 

that failure to file a written appearance and answer would lead to default and, 

ultimately, a permanent bar against any future attempt to challenge the petition or 

final decree foreclosing the right of redemption. Roosevelt served the citation via 

certified mail to plaintiff’s business address and plaintiff certified receipt of the 

citation via signature.

The plaintiff nevertheless failed to respond and was defaulted. A justice of 

the Superior Court entered a final decree foreclosing the right of redemption on 

March 5, 2021, and Roosevelt thereafter sold the property to Coventry Fire District 

3 Section 44-9-25(a) provides, in relevant part, as follows:

“After one year from a sale of land for taxes, * * * whoever 

then holds the acquired title may bring a petition in the 

superior court for the foreclosure of all rights of 

redemption under the title. The petition shall set forth a 

description of the land to which it applies, with its assessed 

valuation, the petitioner’s source of title, giving a 

reference to the place, book, and page of record, and other 

facts as may be necessary for the information of the court.”
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5-19, RIGP, a general partnership4 which subsequently conveyed the property to 

Clarke Road Associates, RIGP, for $166,500.

On September 3, 2021, plaintiff filed the instant action (1) to challenge the 

March 5, 2021 decree of the Superior Court on multiple grounds, including the 

adequacy of notice of Roosevelt’s petition to foreclose all rights of redemption, 

pursuant to § 44-9-24; and (2) to seek to void the tax sale and subsequent 

conveyances of the property pursuant to the act. The parties filed cross-motions for 

summary judgment, and in a written decision dated July 21, 2022, a second trial 

justice concluded that plaintiff had received adequate notice of the petition to 

foreclose all rights of redemption; that the fire district taxes constituted a superior 

lien on the property and that plaintiff is statutorily barred from asserting a violation 

of the act; and that defendants were otherwise entitled to judgment as a matter of 

law.

Following the entry of final judgment, plaintiff filed a timely notice of appeal 

to this Court.5

 

4 While this general partnership shares its name with the Coventry Fire District, it 

has no apparent municipal affiliation. 

5 On April 25, 2023, this Court remanded the case for entry of an amended judgment 

as to all parties. The Superior Court then entered an amended judgment against

plaintiff and Mr. Companatico and in favor of the remaining defendants. 
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Standard of Review

We review a trial justice’s decision to grant summary judgment de novo. 

Newport and New Road, LLC v. Hazard, 296 A.3d 92, 94 (R.I. 2023). Moreover, 

this Court employs a de novo standard of review when evaluating a trial justice’s 

denial of a litigant’s request to vacate a final decree foreclosing a right of redemption 

in a subject property. Izzo v. Victor Realty, 132 A.3d 680, 685 (R.I. 2016).

Discussion

The plaintiff raises three issues on appeal. First, plaintiff asks the Court to 

consider whether the failure of a citation to reference the street address of a property 

subject to a petition to foreclose the right of redemption violates the Due Process 

Clause of the Fourteenth Amendment to the United States Constitution. Second, 

plaintiff asks the Court to consider whether a tax sale of property without the 

exchange of reasonably equivalent value violates the act as an involuntary transfer 

from an insolvent party. Finally, plaintiff argues that the decision of the trial justice

conflicts with the recently issued opinion of the United States Supreme Court in 

Tyler v. Hennepin County, Minnesota, 598 U.S. 631 (2023).

For the reasons set forth in the following analyses, under none of these issues 

does plaintiff prevail.
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A. Due Process

At a minimum, due process requires that a litigant provide notice that is 

reasonably calculated, when considering all circumstances, to inform interested 

parties about a pending legal proceeding while also providing an opportunity for 

them to raise any objections to that proceeding. See Izzo, 132 A.3d at 688. Further, 

due process is both flexible and pragmatic. See Chongris v. Board of Appeals of 

Town of Andover, 811 F.2d 36, 41 (1st Cir. 1987). It does not require parties to 

engage in overly formalistic or hypertechnical communications with one another in 

an effort to avoid violating the Fourteenth Amendment. Id. (“Substance governs over 

form. So long as a ‘T’ is clearly portrayed as a ‘T,’ the Constitution does not 

mandate that it be crossed in some mythic fashion.”). When evaluating a challenge 

to the adequacy of notice in a proceeding to foreclose the right of redemption, courts 

assess “the efforts undertaken by the foreclosing party to determine whether those 

efforts are intended to actually inform the recipient about the pending matter.”

Suncar v. Jordan Realty, 276 A.3d 1274, 1279-80 (R.I. 2022) (Long, J., concurring)

(citing Jones v. Flowers, 547 U.S. 220, 238 (2006)).

Section 44-9-27 lists the notice requirements for petitions to foreclose all 

rights of redemption from titles conveyed by tax-collector deed and mandates that 

the citation include: (1) the name of the petitioner; (2) the names of all known 

respondents; (3) a description of the land; and (4) a statement of the nature of the 
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petition. See § 44-9-27(b). Moreover, this provision requires that the citation set 

forth a time when an interested party may enter an appearance while also informing 

an interested party that, unless that party appears within the fixed time frame, the 

court will record a default and that party’s right of redemption will be forever 

barred.6 Id. 

Upon receipt of a citation, an interested party may contest the validity of a tax 

title pursuant to § 44-9-31:

“If a person claiming an interest desires to raise any 

question concerning the validity of a tax title, the person 

shall do so by answer filed in the proceeding on or before 

the return day, or within that further time as may on motion 

be allowed by the court, providing the motion is made 

prior to the fixed return date, or else be forever barred 

from contesting or raising the question in any other 

proceeding. He or she shall also file specifications setting 

forth the matters upon which he or she relies to defeat the 

title; and unless the specifications are filed, all questions 

of the validity or invalidity of the title, whether in the form 

of the deed or proceedings relating to the sale, shall be 

deemed to have been waived. Upon the filing of the 

specifications, the court shall hear the parties and shall 

enter a decree in conformity with the law on the facts 

found.” (Emphasis added.) 

This provision, similar to § 44-9-27(b), underscores the finality of the 

proceedings after an interested party has an opportunity to be heard.

6 Section 44-9-46 provides a model form for this notice procedure but provides no 

particulars regarding the description of the land. See § 44-9-46.
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After examining the undisputed facts in the record, we are satisfied that the 

failure of the citation to reference the street address of the subject property did not 

constitute a denial of due process in the circumstances of this case. The citation 

contained each of the requisite components mandated by § 44-9-27(b), as well as the 

name and address of the attorney for Roosevelt, the fact that the property was located 

in Coventry, Rhode Island, a return date for objections, and the location of the 

proceeding. Moreover, plaintiff acknowledges having received, through certified 

mail, a citation that contained an accurate metes and bounds description of the 

property; the property’s correct street name, town, and state; and the correct plat and 

lot number for the property. 

Notwithstanding this acknowledgment, plaintiff asserts that it could not have 

received meaningful notice in this matter because: (1) a layperson could not have 

deciphered the “archaic directional coordinates” of a metes and bounds description 

that omits a street address; (2) plaintiff’s status as a California-based entity with an 

interest in thousands of different properties hindered it from ascertaining whether to 

respond; and (3) Roosevelt intended to obscure the property’s location because 

several other documents describing the land provided a street address. 

Although the metes and bounds description created some amount of confusion 

for plaintiff upon receipt of the citation, we cannot conclude that it failed to provide 

meaningful notice of the then-pending proceedings. The plaintiff—a sophisticated 
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and publicly traded mortgage company—clearly did not immediately ascertain the 

property’s location from the citation, but it also did not contact the attorney listed on 

the citation to seek clarification. In fact, plaintiff’s status as an entity that owns

thousands of properties throughout the country undercuts its assertion that it could 

not readily ascertain the location of the subject property from a metes and bounds 

description. Upon receipt of the citation, plaintiff undoubtedly could have sought 

further information, rather than failing to respond to the citation or to appear at the 

foreclosure proceeding. This Court therefore declines the invitation to speculate on 

Roosevelt’s motives for omitting the street address when drafting the language 

included in the citation. The means employed—providing a metes and bounds 

description, including the correct street name and town, as well as contact 

information for the attorney for Roosevelt—were such that plaintiff could and 

should have investigated the pending matter further. See Mullane v. Central 

Hanover Bank & Trust Co., 339 U.S. 306, 315 (1950) (“The reasonableness and 

hence the constitutional validity of any chosen method may be defended on the 

ground that it is in itself reasonably certain to inform those affected, * * * or, where 

conditions do not reasonably permit such notice, that the form chosen is not 

substantially less likely to bring home notice than other of the feasible and customary 

substitutes.”). 
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Therefore, although the citation lacked a street address for the property at 

issue in the petition to foreclose the right of redemption, the omission does not 

amount to a due-process violation under the circumstances of this case. See Murray 

v. Schillace, 658 A.2d 512, 514 (R.I. 1995) (concluding that a litigant received 

adequate notice, despite a typographical error, based on the fact that a failure to 

respond to that notice could result in the deprivation of property and the party could 

have overcome the defect with ordinary diligence). The language of the citation was 

reasonably calculated, when considering all circumstances, to inform plaintiff about 

the pending petition to foreclose all rights of redemption from the title conveyed by 

the tax collector’s deed to the property, while also providing an opportunity for 

plaintiff to contest the validity of the tax title. Mullane, 339 U.S. at 314.

We conclude that plaintiff has failed to demonstrate that the failure of the 

citation to reference the street address of the property at issue in the petition to 

foreclose the right of redemption violated due process under the circumstances of 

this case. The plaintiff’s challenge pursuant to § 44-9-24 fails and, in accordance 

with § 44-9-31, plaintiff is barred from contesting the validity of the March 5, 2021 

decree of the Superior Court.

B. Uniform Voidable Transactions Act

The plaintiff urges this Court to reverse the Superior Court judgment in favor 

of defendants because, plaintiff asserts, the October 11, 2019 tax sale must be voided 
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as a fraudulent transfer pursuant to the act. However, our conclusion that plaintiff 

failed to demonstrate inadequacy of notice of the petition to foreclose the right of 

redemption prevents this Court from reviewing any claim of error regarding the prior 

tax sale.

As was previously discussed, § 44-9-31 requires an objecting party to raise all 

objections at the foreclosure proceeding; if the objecting party fails to do so, “all 

questions of the validity or invalidity of the title, whether in the form of the deed or 

proceedings relating to the sale, shall be deemed to have been waived.” Section 

44-9-31. Based on plaintiff’s failure to raise any objection during the foreclosure 

proceeding, any claim of error regarding the prior tax sale is deemed to have been 

waived.7 See id.

C. Tyler v. Hennepin County, Minnesota, 598 U.S. 631 (2023)

In plaintiff’s supplemental Rule 12A statement, filed on June 9, 2023, it 

argues that the Supreme Court’s May 2023 decision in Tyler v. Hennepin County, 

7 During oral argument, plaintiff’s counsel suggested that we should allow its claim

under the act to proceed because plaintiff initiated that action within the act’s statute 

of limitations; doing so, counsel argued, would constitute a harmonious reading of 

the act and § 44-9-31’s prohibition on raising additional claims. However, 

§ 44-9-31’s prohibition on additional claims after the foreclosure period ends is 

analogous to a statute of repose that bars all subsequent claims, regardless of their 

compliance with any applicable statute of limitations. See Salazar v. Machine Works, 

Inc., 665 A.2d 567, 568 (R.I. 1995) (“In other words, ‘a statute of limitations’ bars 

a right of action unless the action is filed within a specified period after an injury 

occurs whereas a ‘statute of repose’ terminates any right of action after a specific 

time has elapsed irrespective of whether there has as yet been an injury.”). 
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Minnesota, 598 U.S. 631 (2023), alters the outcome of this case. Although parties 

may not ordinarily raise on appeal issues not argued before the trial justice, we 

recognize a narrow exception when the alleged error is more than harmless and 

implicates an issue of constitutional dimension derived from a new rule of law that 

a party could not expect to know at the time of trial. See Decathlon Investments v. 

Medeiros, 252 A.3d 268, 270 (R.I. 2021).

However, even were this Court to assume that plaintiff’s argument falls within

this narrow exception to the raise-or-waive rule, Tyler does not control the outcome 

of this case. The majority in Tyler held that the government possessed the authority 

to sell the plaintiff-homeowner’s property to recover unpaid taxes, but that it could 

not retain the excess value in the home without violating the Takings Clause of the 

Fifth Amendment. Tyler, 598 U.S. at 638-39. The record before this Court reveals 

that the town of Coventry sold the subject property exclusively for unpaid taxes and 

fees in the amount of $1,213.54 and did not retain any excess value in the property. 

As a result, the Supreme Court’s holding in Tyler v. Hennepin County, Minnesota,

fails to alter the outcome of this matter. 

Therefore, we conclude that the plaintiff failed to demonstrate that the citation 

provided inadequate notice of the foreclosure proceedings in violation of the Due 

Process Clause of the Fourteenth Amendment to the United States Constitution, and 

that the citation contained the components required to inform the plaintiff of its 
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obligationsshould it have wished to contest the validity of the tax title. Accordingly, 

we determine that no genuine issues of material fact are in dispute and that Roosevelt 

is entitled to judgment as a matter of law. 

Conclusion

Based on the foregoing, we affirm the amended judgment of the Superior 

Court and remand the record in this case.
SU-CMS-02A (revised November 2022)

STATE OF RHODE ISLAND

SUPREME COURT – CLERK’S OFFICE

Licht Judicial Complex

250 Benefit Street

Providence, RI 02903

OPINION COVER SHEET

Title of Case PennyMac Loan Services, LLC v. Roosevelt 

Associates, RIGP, et al.

Case Number No. 2022-331-Appeal.

(KC 21-798)

Date Opinion Filed April 10, 2024

Justices Suttell, C.J., Goldberg, Robinson, Lynch Prata, and 

Long, JJ.

Written By Associate Justice Melissa A. Long 

Source of Appeal Kent County Superior Court 

Judicial Officer from Lower Court Associate Justice Brian Van Couyghen

Attorney(s) on Appeal

For Plaintiff:

Carl E. Fumarola, Esq. 

For Defendants:

Arthur M. Read, II, Esq. 

Douglas H. Smith, Esq.