2010 Rhode Island Code
Title 34 Property
CHAPTER 34-27 Mortgage Foreclosure and Sale
§ 34-27-4 Publication of notice under power of sale.

§ 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, 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 § 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.
History of Section.
(P.L. 1911, ch. 692, § 1; G.L. 1923, ch. 302, § 18; G.L. 1938, ch. 442, § 18; G.L. 1956, § 34-27-4; P.L. 1988, ch. 138, § 2; P.L. 1989, ch. 154, § 2; P.L. 1992, ch. 224, § 3; P.L. 1993, ch. 377, § 2; P.L. 2003, ch. 233, § 2; P.L. 2003, ch. 358, § 2; P.L. 2008, ch. 352, § 1; P.L. 2008, ch. 369, § 1; P.L. 2010, ch. 233, § 1; P.L. 2010, ch. 237, § 1.)