2017 -- S 0833

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LC002519

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY--LEVY

AND SALE ON EXECUTION

     Introduced By: Senators Lombardi, Conley, Archambault, Nesselbush, and Lynch Prata

     Date Introduced: April 27, 2017

     Referred To: Senate 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. No execution shall be effective as a levy against any property of a debtor unless it

contains a specific description as set forth below.

     (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, containing either an assessor's plat and

lot number, a metes and bounds description of the property, a specific street address or the

description based on a recorded lot and plat. Any general reference to real property located in a

city or town shall be ineffective to levy against any such real property.

     SECTION 2. This act shall take effect upon passage.

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LC002519

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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, street address or

assessors plat and lot number.

     This act would take effect upon passage.

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LC002519

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