§ 15-21-7 - Foreclosure of lien against real property.
SECTION 15-21-7
§ 15-21-7 Foreclosure of lien against realproperty. – (a) If the department has perfected a lien on real property in accordance with§ 15-21-4, then it shall be lawful for the department or its assigns tosell the real property of any defaulting obligor and the benefit and equity ofredemption of the defaulting obligor and his or her heirs, executors,administrators, and assigns, at public auction upon the premises or at anyother place that may be designated for that purpose by the department or itsassigns, by:
(1) Mailing written notice of the time and place of sale tothe defaulting obligor, at his or her last known address, by certified mail,return receipt requested, at least twenty (20) days prior to publishing thenotice;
(2) Publishing the notice at least once each week for three(3) successive weeks in a public newspaper published daily in the city or townin which the real property is situated; and if there is no public newspaperpublished daily in the city or town where the real property is situated, or ifthe real property is not situated in a city, then:
(i) If the real property is situated in the city of CentralFalls, in a public newspaper published daily in the city of Pawtucket;
(ii) If the real property is situated in the town of NorthProvidence, in a public newspaper published daily in the city of Providence;
(iii) If the real property is situated in any of the towns ofCumberland, Lincoln, Smithfield, or North Smithfield, in a public newspaperpublished daily in either the city of Pawtucket, Woonsocket, or Providence;
(iv) If the real property is situated in the county ofProvidence elsewhere than in the above named cities and towns, in a publicnewspaper published daily in the city of Providence;
(v) If the real property is situated in the county ofNewport, in a public newspaper published daily in the city of Newport; but ifthere is no such newspaper published, then in some public newspaper publishedanywhere in the county of Newport;
(vi) If the real property is situated in any of the countiesof Bristol, Kent, or Washington:
(A) In a public newspaper published daily in the city or townin which the real property is situated; or
(B) If there is no public newspaper published, then in apublic newspaper published in the city or town in which the real property issituated, or in some public newspaper published daily in the county in whichthe real property is situated, or in a public newspaper published daily in thecity of Providence; with powers to adjourn the sale from time to time, providedthat publishing of the notice shall be continued, together with a notice of theadjournment or adjournments, at least once each week in the same newspaper; and
(3) By mailing written notice of the sale to any person orentity having an interest of record in the real property, who records not laterthan thirty (30) days prior to the date originally scheduled for the saleincluding, without limitation, the holder of any mortgage or deed of trust withrespect to the real property, to the address of the person or entity providedfor this purpose in the land evidence records or at any other address that theperson or entity may have provided the department in writing, the notice to begiven by regular or certified mail, return receipt requested, at least twenty(20) days prior to the date originally scheduled for the sale; and in his orher or their own name or names, or as the attorney or attorneys of thedefaulting obligor (for that purpose by these presents duly authorized andappointed with full power of substitution and revocation) to make, execute, anddeliver to the purchaser or purchasers at the sale a good and sufficient deedor deeds of the defaulted real property, in fee simple, and to receive theproceeds of the sale or sales, and from these proceeds to retain all sumssecured by the lien in favor of the department as of the date of the saletogether with all expenses incident to the sale or sales, or for making deedsunder this chapter, and for fees of counsel and attorneys, and all costs orexpenses incurred in the exercise of these powers, and all taxes, assessments,and premiums for insurance, if any, either paid by the department, or itsassigns, or remaining unpaid upon the defaulted real property, rendering andpaying the surplus of the proceeds of sale, if any, over and above the amountsto be retained as previously provided, together with a true and particularaccount of the sale or sales, expenses, and charges, to the defaulting obligor,or his or her heirs, executors, administrators, or assigns; which sale or salesmade as previously provided shall forever be a perpetual bar against thedefaulting obligor and his or her heirs, executors, administrators, andassigns, and all persons claiming the defaulted real property, so sold, by,through, or under him or her, them, or any of them.
(b) Any foreclosure sale held by the department pursuant tosubsection (a) of this section, and the title conveyed to any purchaser orpurchasers pursuant to the sale, shall be subject to any lien or encumbranceentitled to a priority over the lien of the department pursuant to §15-21-4.
[See § 12-1-15 of the General Laws.]