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Rhode Island Foreclosure Timeline and Laws
| Judicial | Yes | |
| Non Judicial | Yes | |
| Primary Security | Deed of Trust, Mortgage | |
| Timeline | 60 Days Usually |
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| Redemption | Yes, varies by process |
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| Notice | Publication | |
| Deficiency Judgment | Yes |
Rhode Island Foreclosure Process and Procedure
If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.
Rhode Island has a non-judicial foreclosure process and several other actions such as eviction, deed in lieu and taking possession of property. Non-judicial actions are more common. Judicial foreclosures are conducted as well.
Notice Requirements for Foreclosure in Rhode Island
For non-judicial foreclosures, before scheduling a sale, the lender’s attorney must give the borrower a notice of the sale at least 20 days before advertising the notice stating the property address, the mortgage date, amount due and date and place of sale.
The notice of sale must be published at least once per week for three weeks in a local newspaper in the county where the property is located. The first notice must appear at least 22 days prior to the sale.
Rhode Island Deficiency and Anti-Deficiency Laws
The lender may obtain a deficiency judgment if the property is sold a public sale for less than the loan amount.
Rhode Island Redemption Rights
There is no deficiency judgment in a non-judicial foreclosure. In certain judicial possessory actions, there is a right to redemption permitted up to three years.
Rhode Island Assistance, Special Programs, Government Help, and Law Updates
Foreclosure Programs:
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Rhode Island Foreclosure Avoidance Counseling -HUD
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The Home Affordable Mortgage Modification Program
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The Home Affordable Refinance Program
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The Home Affordable Foreclosure Alternatives Program
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FHA Secure
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Hope for Homeowners
Foreclosure Lawyer
Rhode Island foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.
Legal Answers
- What happens if one bank starts a foreclosure then sells to another bank before foreclosure is complete?
- How long after foreclosure before you receives a 1099?
- What happens to other liens when foreclosure occurs?
- I own a duplex that is being foreclosed on and need the rental units vacated, what should I do?
- What to do if a lender in Florida is charging excessive mortgage and is preventing me to refinance?
