2016 -- H 7140

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LC003402

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

     Introduced By: Representatives Ackerman, Shekarchi, Solomon, Craven, and

     Date Introduced: January 13, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-26-15 of the General Laws in Chapter 9-26 entitled "Levy and

Sale on Execution" is hereby amended to read as follows:

     9-26-15. Recording effective as levy. – (a) The filing of the copy of the execution with

the recorder of deeds, if any, or with the town clerk or city clerk, as provided in § 9-26-14, shall

constitute and be deemed a good and sufficient levy upon the real estate or any interest therein so

described upon the copy of the execution.

     (b) In order for a recorded execution to be effective as a levy against real estate or any

interest therein, the execution must contain a description by either using an assessor's plat and lot

number, a metes and bounds description of the property or the description based on a recorded lot

and plat.

     (c) No execution shall be effective as a levy against any property of a debtor unless it is

described in the manner as set forth above.

     SECTION 2. This act shall take effect upon passage.

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LC003402

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

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     This act would require attachments and executions to describe real estate with

particularity by using the recorded legal description, or metes and bounds, or assessors plat and

lot number.

     This act would take effect upon passage.

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LC003402

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