§ 34-36.1-3.21 Foreclosure of condominiumlien. – (a) If a condominium unit owner shall default in the payment of any assessment,fine, or any other charge which is a lien on the unit in favor of theassociation or its assigns, then it shall be lawful for the association or itsassigns, through its executive board, to sell the unit of any defaulting unitowner and the benefit and equity of redemption of the defaulting unit owner andhis or her heirs, executors, administrators, and assigns therein, at publicauction upon the premises or at such other place, if any, as may be designatedfor that purpose by the association or its assigns.
(2) The association must first mail written notice of thetime and place of sale to the defaulting unit owner, at his or her last knownaddress and the holder of the first mortgage or deed of trust of record at theaddress for service required by subdivision 34-36.1-3.16(b)(4), both bycertified mail, return receipt requested, at least twenty (20) days prior topublishing said notice; second, the association must publish the same at leastonce each week for two (2) successive weeks in a public newspaper. The time ofsale shall be at least fifteen (15) days after the publication of the firstnotice in a public newspaper. Publication shall be as follows:
(i) If the condominium is situated in the city of CentralFalls, in a public newspaper published daily in the city of Pawtucket;
(ii) If the condominium is situated in the town of NorthProvidence, in a public newspaper published daily in the city of Providence;
(iii) If the condominium is situated in any of the towns ofCumberland, Lincoln, Smithfield or North Smithfield, in a public newspaperpublished daily in either the city of Pawtucket, Woonsocket, or Providence;
(iv) If the condominium is situated in the county ofProvidence elsewhere than in the above last named cities and towns, in a publicnewspaper published daily in the city of Providence;
(v) If the condominium is situated in the county of Newport,in a public newspaper published daily in the city of Newport; but if there beno such newspaper so published, then in some public newspaper publishedanywhere in the county of Newport;
(vi) If the condominium is situated in any of the counties ofBristol, Kent, or Washington, in a public newspaper published daily in the cityor town in which the condominium is situated; or in some public newspaperpublished daily in the county in which the condominium is situated or in apublic newspaper published daily in the city of Providence.
(3) The sale may be adjourned from time to time, providedthat publishing of the notice shall be continued, together with a notice of theadjournment or adjournments, at least once each week in the same newspaper; andthird, the association must mail written notice of the same to any person orentity having an interest of record in the unit, recorded not later than thirty(30) days prior to the date originally scheduled for the sale, includingwithout limitation, the holder of any mortgage or deed of trust with respect tothe unit, to the address of the person or entity may have provided for thatpurpose in the land evidence records or at any other address the person orentity may have provided the association in writing, such notice to be given byregular or certified mail, return receipt requested, at least ten (10) daysprior to the date originally scheduled for such sale; and in his or her ortheir own name or names, or as the attorney or attorneys of the defaulting unitowner (for that purpose by these presents duly authorized and appointed withfull power of substitution and revocation) to make, execute, and deliver to thepurchaser or purchasers at the sale a good and sufficient deed or deeds of thedefaulted condominium unit, in fee simple, and to receive the proceeds of thesale or sales, and from the proceeds to retain all sums secured by the lien infavor of the association as of the date of such sale together with all expensesincident to such sale or sales, or for making deeds hereunder, and for fees ofcounsel and attorneys, and all costs or expenses incurred in the exercise ofsuch powers, and all taxes, assessments, and premiums for insurance, if any,either theretofore paid by the association, or its assigns, or then remainingunpaid upon the defaulted condominium unit, rendering and paying the surplus ofthe proceeds of sale, if any there be, over and above the amounts to beretained, and paid to other encumbrances of record, together with a true andparticular account of such sale or sales, expenses, and charges, to thedefaulting unit owner, or his or her heirs, executors, administrators orassigns. The sale or sales shall forever be a perpetual bar against thedefaulting unit owner and his or her heirs, executors, administrators andassigns, and all persons claiming the defaulted condominium unit, so sold, by,through or under him, her, them or any of them.
(4) Within seven (7) days after the foreclosure sale, theassociation shall send an additional written notice to the holder of the firstmortgage or deed of trust of record as appears in the land evidence records, asprovided in subdivision 34-36.1-3.16(b)(4) by certified mail, return receiptrequested, and first class mail, identifying the name of the highest bidder andthe amount of the bid.
(b) Any foreclosure sale held by the association pursuant tosubsection (a) above, and the title conveyed to any purchaser or purchaserspursuant to such sale, shall be subject to any lien or encumbrance entitled toa priority over the lien of the association pursuant to § 34-36.1-3.16(b).
(c) Any foreclosure sale held by the association pursuant tosubsection (a) above, shall be subject to a thirty (30) day right of redemptionrunning in favor of the holder of the first mortgage or deed of trust ofrecord. The right of redemption shall be exercised by tendering payment to theassociation in full of all assessments due on the unit together with allattorney's fees and costs incurred by the association in connection with thecollection and foreclosure process within thirty (30) days of the date of thepost-foreclosure sale notice sent by the association pursuant to subdivision(a)(4) above. Otherwise, the right of redemption shall terminate thirty (30)days from the date of the post-foreclosure sale notice sent by the associationpursuant to subdivision (a)(4) above.
(d) Upon request the association shall provide to any personor entity having an interest of record in the unit: (1) an itemized statementof the amounts owed the association by the defaulting unit owner, separatingcommon expense assessments referred to in § 34-36.1-3.16(b)(2) frominterest, attorney's fees, fines and other charges secured by the lien of theassociation; and (2) a copy of the most recent periodic budget adopted by theassociation pursuant to § 34-36.1-3.15(a).
§ 34-36.1-3.21 Foreclosure of condominiumlien. – (a) If a condominium unit owner shall default in the payment of any assessment,fine, or any other charge which is a lien on the unit in favor of theassociation or its assigns, then it shall be lawful for the association or itsassigns, through its executive board, to sell the unit of any defaulting unitowner and the benefit and equity of redemption of the defaulting unit owner andhis or her heirs, executors, administrators, and assigns therein, at publicauction upon the premises or at such other place, if any, as may be designatedfor that purpose by the association or its assigns.
(2) The association must first mail written notice of thetime and place of sale to the defaulting unit owner, at his or her last knownaddress and the holder of the first mortgage or deed of trust of record at theaddress for service required by subdivision 34-36.1-3.16(b)(4), both bycertified mail, return receipt requested, at least twenty (20) days prior topublishing said notice; second, the association must publish the same at leastonce each week for two (2) successive weeks in a public newspaper. The time ofsale shall be at least fifteen (15) days after the publication of the firstnotice in a public newspaper. Publication shall be as follows:
(i) If the condominium is situated in the city of CentralFalls, in a public newspaper published daily in the city of Pawtucket;
(ii) If the condominium is situated in the town of NorthProvidence, in a public newspaper published daily in the city of Providence;
(iii) If the condominium is situated in any of the towns ofCumberland, Lincoln, Smithfield or North Smithfield, in a public newspaperpublished daily in either the city of Pawtucket, Woonsocket, or Providence;
(iv) If the condominium is situated in the county ofProvidence elsewhere than in the above last named cities and towns, in a publicnewspaper published daily in the city of Providence;
(v) If the condominium is situated in the county of Newport,in a public newspaper published daily in the city of Newport; but if there beno such newspaper so published, then in some public newspaper publishedanywhere in the county of Newport;
(vi) If the condominium is situated in any of the counties ofBristol, Kent, or Washington, in a public newspaper published daily in the cityor town in which the condominium is situated; or in some public newspaperpublished daily in the county in which the condominium is situated or in apublic newspaper published daily in the city of Providence.
(3) The sale may be adjourned from time to time, providedthat publishing of the notice shall be continued, together with a notice of theadjournment or adjournments, at least once each week in the same newspaper; andthird, the association must mail written notice of the same to any person orentity having an interest of record in the unit, recorded not later than thirty(30) days prior to the date originally scheduled for the sale, includingwithout limitation, the holder of any mortgage or deed of trust with respect tothe unit, to the address of the person or entity may have provided for thatpurpose in the land evidence records or at any other address the person orentity may have provided the association in writing, such notice to be given byregular or certified mail, return receipt requested, at least ten (10) daysprior to the date originally scheduled for such sale; and in his or her ortheir own name or names, or as the attorney or attorneys of the defaulting unitowner (for that purpose by these presents duly authorized and appointed withfull power of substitution and revocation) to make, execute, and deliver to thepurchaser or purchasers at the sale a good and sufficient deed or deeds of thedefaulted condominium unit, in fee simple, and to receive the proceeds of thesale or sales, and from the proceeds to retain all sums secured by the lien infavor of the association as of the date of such sale together with all expensesincident to such sale or sales, or for making deeds hereunder, and for fees ofcounsel and attorneys, and all costs or expenses incurred in the exercise ofsuch powers, and all taxes, assessments, and premiums for insurance, if any,either theretofore paid by the association, or its assigns, or then remainingunpaid upon the defaulted condominium unit, rendering and paying the surplus ofthe proceeds of sale, if any there be, over and above the amounts to beretained, and paid to other encumbrances of record, together with a true andparticular account of such sale or sales, expenses, and charges, to thedefaulting unit owner, or his or her heirs, executors, administrators orassigns. The sale or sales shall forever be a perpetual bar against thedefaulting unit owner and his or her heirs, executors, administrators andassigns, and all persons claiming the defaulted condominium unit, so sold, by,through or under him, her, them or any of them.
(4) Within seven (7) days after the foreclosure sale, theassociation shall send an additional written notice to the holder of the firstmortgage or deed of trust of record as appears in the land evidence records, asprovided in subdivision 34-36.1-3.16(b)(4) by certified mail, return receiptrequested, and first class mail, identifying the name of the highest bidder andthe amount of the bid.
(b) Any foreclosure sale held by the association pursuant tosubsection (a) above, and the title conveyed to any purchaser or purchaserspursuant to such sale, shall be subject to any lien or encumbrance entitled toa priority over the lien of the association pursuant to § 34-36.1-3.16(b).
(c) Any foreclosure sale held by the association pursuant tosubsection (a) above, shall be subject to a thirty (30) day right of redemptionrunning in favor of the holder of the first mortgage or deed of trust ofrecord. The right of redemption shall be exercised by tendering payment to theassociation in full of all assessments due on the unit together with allattorney's fees and costs incurred by the association in connection with thecollection and foreclosure process within thirty (30) days of the date of thepost-foreclosure sale notice sent by the association pursuant to subdivision(a)(4) above. Otherwise, the right of redemption shall terminate thirty (30)days from the date of the post-foreclosure sale notice sent by the associationpursuant to subdivision (a)(4) above.
(d) Upon request the association shall provide to any personor entity having an interest of record in the unit: (1) an itemized statementof the amounts owed the association by the defaulting unit owner, separatingcommon expense assessments referred to in § 34-36.1-3.16(b)(2) frominterest, attorney's fees, fines and other charges secured by the lien of theassociation; and (2) a copy of the most recent periodic budget adopted by theassociation pursuant to § 34-36.1-3.15(a).
§ 34-36.1-3.21 Foreclosure of condominiumlien. – (a) If a condominium unit owner shall default in the payment of any assessment,fine, or any other charge which is a lien on the unit in favor of theassociation or its assigns, then it shall be lawful for the association or itsassigns, through its executive board, to sell the unit of any defaulting unitowner and the benefit and equity of redemption of the defaulting unit owner andhis or her heirs, executors, administrators, and assigns therein, at publicauction upon the premises or at such other place, if any, as may be designatedfor that purpose by the association or its assigns.
(2) The association must first mail written notice of thetime and place of sale to the defaulting unit owner, at his or her last knownaddress and the holder of the first mortgage or deed of trust of record at theaddress for service required by subdivision 34-36.1-3.16(b)(4), both bycertified mail, return receipt requested, at least twenty (20) days prior topublishing said notice; second, the association must publish the same at leastonce each week for two (2) successive weeks in a public newspaper. The time ofsale shall be at least fifteen (15) days after the publication of the firstnotice in a public newspaper. Publication shall be as follows:
(i) If the condominium is situated in the city of CentralFalls, in a public newspaper published daily in the city of Pawtucket;
(ii) If the condominium is situated in the town of NorthProvidence, in a public newspaper published daily in the city of Providence;
(iii) If the condominium is situated in any of the towns ofCumberland, Lincoln, Smithfield or North Smithfield, in a public newspaperpublished daily in either the city of Pawtucket, Woonsocket, or Providence;
(iv) If the condominium is situated in the county ofProvidence elsewhere than in the above last named cities and towns, in a publicnewspaper published daily in the city of Providence;
(v) If the condominium is situated in the county of Newport,in a public newspaper published daily in the city of Newport; but if there beno such newspaper so published, then in some public newspaper publishedanywhere in the county of Newport;
(vi) If the condominium is situated in any of the counties ofBristol, Kent, or Washington, in a public newspaper published daily in the cityor town in which the condominium is situated; or in some public newspaperpublished daily in the county in which the condominium is situated or in apublic newspaper published daily in the city of Providence.
(3) The sale may be adjourned from time to time, providedthat publishing of the notice shall be continued, together with a notice of theadjournment or adjournments, at least once each week in the same newspaper; andthird, the association must mail written notice of the same to any person orentity having an interest of record in the unit, recorded not later than thirty(30) days prior to the date originally scheduled for the sale, includingwithout limitation, the holder of any mortgage or deed of trust with respect tothe unit, to the address of the person or entity may have provided for thatpurpose in the land evidence records or at any other address the person orentity may have provided the association in writing, such notice to be given byregular or certified mail, return receipt requested, at least ten (10) daysprior to the date originally scheduled for such sale; and in his or her ortheir own name or names, or as the attorney or attorneys of the defaulting unitowner (for that purpose by these presents duly authorized and appointed withfull power of substitution and revocation) to make, execute, and deliver to thepurchaser or purchasers at the sale a good and sufficient deed or deeds of thedefaulted condominium unit, in fee simple, and to receive the proceeds of thesale or sales, and from the proceeds to retain all sums secured by the lien infavor of the association as of the date of such sale together with all expensesincident to such sale or sales, or for making deeds hereunder, and for fees ofcounsel and attorneys, and all costs or expenses incurred in the exercise ofsuch powers, and all taxes, assessments, and premiums for insurance, if any,either theretofore paid by the association, or its assigns, or then remainingunpaid upon the defaulted condominium unit, rendering and paying the surplus ofthe proceeds of sale, if any there be, over and above the amounts to beretained, and paid to other encumbrances of record, together with a true andparticular account of such sale or sales, expenses, and charges, to thedefaulting unit owner, or his or her heirs, executors, administrators orassigns. The sale or sales shall forever be a perpetual bar against thedefaulting unit owner and his or her heirs, executors, administrators andassigns, and all persons claiming the defaulted condominium unit, so sold, by,through or under him, her, them or any of them.
(4) Within seven (7) days after the foreclosure sale, theassociation shall send an additional written notice to the holder of the firstmortgage or deed of trust of record as appears in the land evidence records, asprovided in subdivision 34-36.1-3.16(b)(4) by certified mail, return receiptrequested, and first class mail, identifying the name of the highest bidder andthe amount of the bid.
(b) Any foreclosure sale held by the association pursuant tosubsection (a) above, and the title conveyed to any purchaser or purchaserspursuant to such sale, shall be subject to any lien or encumbrance entitled toa priority over the lien of the association pursuant to § 34-36.1-3.16(b).
(c) Any foreclosure sale held by the association pursuant tosubsection (a) above, shall be subject to a thirty (30) day right of redemptionrunning in favor of the holder of the first mortgage or deed of trust ofrecord. The right of redemption shall be exercised by tendering payment to theassociation in full of all assessments due on the unit together with allattorney's fees and costs incurred by the association in connection with thecollection and foreclosure process within thirty (30) days of the date of thepost-foreclosure sale notice sent by the association pursuant to subdivision(a)(4) above. Otherwise, the right of redemption shall terminate thirty (30)days from the date of the post-foreclosure sale notice sent by the associationpursuant to subdivision (a)(4) above.
(d) Upon request the association shall provide to any personor entity having an interest of record in the unit: (1) an itemized statementof the amounts owed the association by the defaulting unit owner, separatingcommon expense assessments referred to in § 34-36.1-3.16(b)(2) frominterest, attorney's fees, fines and other charges secured by the lien of theassociation; and (2) a copy of the most recent periodic budget adopted by theassociation pursuant to § 34-36.1-3.15(a).
