Rhode Island Foreclosure Laws
Attorney General's Office
72 Pine St.
Providence, RI 02903-2856
Ph: (401) 274-4400
Fax: (401) 274-1331
Foreclosure Laws in Rhode Island
Judicial Foreclosure: Yes
Non-Judicial Foreclosure: Yes
Security Instruments: Mortgage / Trust Deed
Right of Redemption: Varies by Process
Deficiency Judgments: Yes
Time Frame: 60 Days
Public Notice: Publication
Judicial foreclosure: In the absence of a power of sale clause
in the loan document that authorizes the lender to sell the property to satisfy
the loan balance in the event of default, the lender must sue to obtain an order
to foreclose.
Non-judicial foreclosure: The process used when a power of sale
exists in the loan document. The notice of sale must be published in a public newspaper
weekly for three consecutive weeks beginning at least 21 days before the sale date.
The notice of sale must be sent via certified mail to the defaulted borrower at
least 20 days prior to the first publication.
Special procedures: The lender may also simply take possession
of the home, and must do so peaceably and in the presence of two witnesses who then
give the lender a notarized certificate of possession, or the defaulted borrower
can also voluntarily surrender the property to the lender.
The sale: Conducted by the county sheriff or his deputy between
the hours of 9:00 AM and 5:00 PM at the place designated in the notice of sale.
Anyone, including the lender, may bid at the sale.
Laws:
