Instead, a Superior Court judge today will decide whether an elderly Providence women can get her house back.

01:41 AM EST on Friday, December 23, 2005

BY KAREN LEE ZINER
Journal Staff Writer

PROVIDENCE -- A tentative agreement to allow an 81-year-old Providence woman back into the house she lost at public auction fell apart yesterday, when one of three parties involved in successive sales of that house declined to undo his part of the deal.

Joseph J. Rodio, a Providence lawyer who is representing the woman for free, said his office was notified by Paul J. Cunha yesterday that Cunha will not agree to give up his profit on the sale of the house at 122 Chester Ave.

Paul and Elena Cunha bought the Chester Avenue property in June, and sold it in August. Neither could be reached for comment yesterday.

Rodio filed suit yesterday afternoon, he said, and plans to ask a judge today to void the sales of Madeline Walker's property and allow Walker to return to her home immediately.

Rodio took on Walker's case pro bono, at Governor Carcieri's request. On Monday, he was appointed Walker's temporary limited guardian ad litem.

The suit names as defendants: Cobble Hill Development LLC; Paul J. Cunha and Elena Cunha; Gladys M. Perez; Millenium Express Associates Inc.; Orlando Andreoni; Enrique Bonnilla; the Narragansett Bay Commission; the City of Providence; and Robert Ceprano and Stephen T. Napolitano, Providence's city collector and treasurer, respectively.

It seeks a preliminary injunction preventing the defendants "from selling, assigning, disposing of or encumbering the property at 122 Chester Ave."

Superior Court Judge Daniel A. Procaccini is scheduled to hear the request for an injunction this morning, Rodio said.

The lawsuit argues that Walker "was wholly and absolutely incompetent to comprehend and understand the nature" of the legal notification regarding the loss of her house, and therefore, that she was not properly notified of the proceedings.

It also argues that lawyer Orlando Andreoni, who was Walker's court-appointed guardian ad litem during one of the chain of sales, was "negligent and failed in his duties" to protect Walker's interests during a tax-lien foreclosure action on her property last year.

". . . Somebody's responsible for this mess," Rodio said, "and in my opinion, it's the [former] guardian ad litem for not doing his job" in determining whether Walker was mentally competent to understand the notification.

The lawsuit seeks compensatory damages for Andreoni's "negligence and breach of duty, including but not limited to moving expenses, interest, penalties and additional expenses" incurred by Walker.

Should the judge agree to issue an injunction, Rodio said, the current occupants have agreed to vacate the property at 122 Chester Ave., and allow Walker to resume living there until a full hearing can be held.

Representatives from Cobble Hill and Millenium agreed earlier this week to walk away from their profits on Walker's house, after Rodio explained his argument that the sales were illegal because Walker was mentally incompetent and lacked the capacity to receive the documents.

Walker, who had lived at 122 Chester Ave. for 53 years, until she was evicted last week, has been provided with temporary housing through the Urban League of Rhode Island.

According to the lawsuit, Walker was first notified in October 2003, by the Narragansett Bay Commission, that her house would be offered for sale at public auction because she had failed to pay delinquent sewer-use fees. She had also fallen behind in her city property taxes.

The suit states that the Narragansett Bay Commission failed to notify the Department of Elderly Affairs of the tax sale, in violation of state law.

According to the timeline set out in the lawsuit:

The Narragansett Bay Commission sold the sewer lien at public auction on Nov. 20, 2003, to Cobble Hill Development, for $836.39. Cobble Hill was issued a collector's deed.

The city sold the property at tax sale in August 2004, to Enrique Bonnilla, for $2,356. Bonnilla was issued a collector's deed.

In November 2004, Cobble Hill Development filed a petition to foreclose on the tax lien; Providence Superior Court awarded Cobble Hill the title to the property in January.

Cobble Hill sold the property to the Cunhas, by quitclaim deed, on June 10, 2005.

The Cunhas sold the property on Aug. 31, 2005, by quitclaim deed, to Gladys M. Perez.

Perez sold the property to Millenium Express Associates, on Sept. 1, 2005. (According to the secretary of state's office, Perez serves as president of Millenium Express.)

Millenium Express issued an eviction action against Walker on Sept. 29, and evicted Walker on Dec. 12.

Walker's situation stirred public outrage and focused attention on the practice of "selling" property-tax and public-service liens to private companies. If the homeowner does not repay those bills, the companies can eventually petition courts for ownership of his or her property.

Meanwhile, Rodio said, Carcieri's office is arranging a meeting next week to consider changing the laws on tax-lien sales.

Rodio said he will meet with Carcieri, House Speaker William Murphy, Senate Majority Leader M. Teresa Paiva Weed, and Senate Finance Chairman Stephen Alves, D-West Warwick.

"Everyone's agreed that the process is flawed and needs to be changed," said Rodio. "The system stinks. The process is wrong, and it's weighted way in favor of a certain segment of society. There has to be some sort of social conscience."