Chapter 237

2010 -- H 7987

Enacted 06/25/10

A N A C T

RELATING TO PROPERTY

Introduced By: Representative Donald J. Lally

Date Introduced: April 07, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 34-27-4 of the General Laws in Chapter 34-27 entitled "Mortgage

Foreclosure and Sale" is hereby amended to read as follows:

34-27-4. Publication of notice under power of sale. -- (a) Whenever any real estate

shall be sold under any power of sale mortgage executed subsequent to May 4, 1911, and the

mortgage shall provide for the giving of notice of the sale by publication in some public

newspaper at least once a week for three (3) successive weeks before the sale, the first publication

of the notice shall be at least twenty-one (21) days before the day of sale, including the day of the

first publication in the computation, and the third publication of the notice shall be no fewer than

seven (7) days before the original date of sale listed in the advertisement including the day of the

third publication in the computation, and no more than fourteen (14) days before the original date

of sale listed in the advertisement. The sale may take place no more than fourteen (14) days from

the date on which the third successive notice is published, including excluding the day of the third

publication in the computation. Provided, however, that if the sale is adjourned as provided in

Rhode Island general laws section 34-11-22, and the adjourned sale is held during the same

calendar week as the originally scheduled day of sale, no additional advertising is required.

Otherwise, publication of the notice of the adjourned sale, together with a notice of the

adjournment or adjournments, shall be continued at least once each week commencing with the

calendar week following the originally scheduled day of sale; the sale, as so adjourned, shall take

place during the same calendar week in which the last notice of the adjourned sale is published, at

least one day after the date on which the last notice is published.

      (b) Provided, however, that no notice shall be valid or effective unless the mortgagor has

been mailed written notice of the time and place of sale by certified mail return receipt requested

at the address of the real estate and, if different, at the mortgagor's address listed with the tax

assessor's office of the city or town where the real estate is located or any other address

mortgagor designates by written notice to mortgagee at his, her, or its last known address, at least

twenty (20) days for mortgagors other than individual consumer mortgagors, and at least thirty

(30) days for individual consumer mortgagors, days prior to the first publication, including the

day of mailing in the computation. The mortgagee shall include in the foreclosure deed an

affidavit of compliance with this provision.

SECTION 2. This act shall take effect upon passage.

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LC02309

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