Izzo v. Victor Realty
Annotate this CaseJohn Izzo was the owner of certain property and his mother, Carmel Izzo, held a mortgage on the property. After the failure to pay sewer fees, the property was put up for sale at a tax sale. Defendant purchased the property and filed a petition to foreclose the Izzos’ (Plaintiffs) rights of redemption on the property (the petition). After a hearing, a final decree was entered foreclosing Plaintiffs’ rights of redemption to the property. Plaintiffs filed this complaint seeking entry of an order vacating the final decree foreclosing their rights of redemption, alleging inadequate notice of the petition. The trial justice granted Plaintiffs’ request, concluding that inadequate notice to Plaintiffs of the petition amounted to a denial of due process. An order subsequently implemented the trial justice’s bench decision and vacated the final decree foreclosing Plaintiffs’ rights of redemption. The Supreme Court vacated the order of the superior court, holding (1) the trial justice erred in finding that notice of the petition as it pertained to John was inadequate since John was estopped from raising such an argument; and (2) the notice provided to Carmel was adequate.
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