2016 -- S 2641

========

LC004944

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

     

     Introduced By: Senator Roger Picard

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

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

3

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

4

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

5

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

6

described upon the copy of the execution.

7

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

8

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

9

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

10

and plat.

11

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

12

described in the manner as set forth above.

13

     SECTION 2. This act shall take effect upon passage.

========

LC004944

========

 

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

***

1

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

2

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

3

lot number.

4

     This act would take effect upon passage.

========

LC004944

========

 

LC004944 - Page 2 of 2