2013 -- H 5719

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LC01382

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROPERTY -- MORTGAGE FORECLOSURE AND SALE

     

     

     Introduced By: Representatives Palangio, Cimini, Williams, DeSimone, and Winfield

     Date Introduced: February 28, 2013

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-27 of the General Laws entitled "Mortgage Foreclosure and

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Sale" is hereby amended by adding thereto the following section:

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     34-27-7. Mortgagee-owned property. -- (a) Notwithstanding any other general law or

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local ordinance to the contrary, any mortgagee, or affiliate thereof, who is the successful bidder at

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any sale by public auction made under and according to the provisions of any mortgage of real

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estate or any power of sale contained therein or annexed thereto shall, within ninety (90) days

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after the date of sale, make appropriate arrangements to keep the foreclosed property from

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becoming vacant, including, without limitation, selling or leasing the property.

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     (b) Upon violation of this section, a penalty shall accrue at the rate of one thousand

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dollars ($1,000) per month (in the aggregate) for each month or part thereof during which the

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property remains vacant. For purposes of determining the penalty due hereunder, a month

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commences on the day on which the first such violation occurs and a new month commences on

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the same day (or if there is no such day, then on the last day) of each succeeding calendar month

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until the property is no longer vacant.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01382

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY -- MORTGAGE FORECLOSURE AND SALE

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     This act would require a mortgagee to make arrangement to keep a foreclosed property

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from becoming vacant. This act would also provide for monetary penalties.

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     This act would take effect upon passage.

     

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LC01382

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H5719