§ 34-27-3.1 - Foreclosure counseling.
SECTION 34-27-3.1
§ 34-27-3.1 Foreclosure counseling. –(a) No less than forty-five (45) days prior to initiating any foreclosure ofreal estate pursuant to subsection 34-27-4(b), the mortgagee shall provide toan individual consumer mortgagor written notice of default and the mortgagee'sright to foreclose by first class mail at the address of the real estate and,if different, at the address designated by the mortgagor by written notice tothe mortgagee as the mortgagor's address for receipt of notices.
(b) The written notice required by this section shall be inEnglish and Spanish and, provided the same is then available, shall advise themortgagor of the availability of counseling through HUD-approved mortgagecounseling agencies and, the toll-free telephone number and website addressmaintained to provide information regarding no-cost HUD-approved mortgagecounseling agencies in Rhode Island. The written notice may also contain anyother information required under federal law. A form of written notice meetingthe requirements of this section shall be promulgated by the department ofbusiness regulation for use by mortgagees at least thirty (30) days prior tothe effective date of this section. Counseling shall be provided at no cost tothe mortgagee.
(c) Failure of the mortgagee to provide notice to themortgagor as provided herein shall render the foreclosure void, withoutlimitation of the right of the mortgagee thereafter to reexercise its power ofsale or other means of foreclosure upon compliance with this section. Themortgagee shall include in the foreclosure deed an affidavit of compliance withthis section.
(d) As used herein and in this chapter, the term "HUD" meansthe United States Department of Housing and Urban Development and any successorto such department.