| Rhode Island
Foreclosure Procedure
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Rhode Island mortgages may contain a
statutory power of sale clause, which may be incorporated by reference
into the mortgage document. If the mortgage does not contain a power of
sale clause, then the lender has four options:
- File a lawsuit seeking a
court-ordered sale
- File a lawsuit seeking ejectment
(eviction)
- Peaceably enter the house in the
presence of two witnesses, who must give a certificate of possession
which they must acknowledge (notarize) before a notary or a Justice of
the Peace
- Have the borrower voluntarily agree
to give up possession before a notary public or a Justice of the
Peace.
If the lender maintains possession,
then, after a time, the lender gets full title. The borrower has three
years to file a lawsuit to redeem the property by paying up the full
sum, both principal and interest, that is due on the mortgage (but not
interest for future years). Rhode Island does not bar deficiency
lawsuits.
Power of Sale Foreclosure
Lenders in Rhode Island generally
prefer to foreclose under a power of sale clause. The lender first
accelerates the loan, then conducts a foreclosure sale after giving
proper notice. The lender must send a notice of the foreclosure by
certified mail, return receipt requested, to the buyer 20 days before
publishing the first newspaper ad. Notice of the time and place of the
sale must be published once a week for three weeks in the proper
newspaper. The notice must be published not only on the day before sale,
but on the same weekday for each of the three weeks preceding the sale.
Furthermore, the power of sale statute literally spells out which city's
newspaper must be used! The statute further specifies that the sale must
take place at a public auction conducted on the premises, or at a
location specified in the deed. The lender may bid at the sale in the
same manner as other bidders.
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