§ 9-26-16 Advertisement and sale of realestate levied on – Disposition of proceeds. – (a) The officer shall give public notice of the levy and of the intended saleof the real estate or interest therein under the levy: first by mailing bycertified mail return receipt requested to the record owner of the real estateas of the date sixty (60) days prior to the scheduled sale date, including theday of the mailing in the computation, without reference to any adjournment,continuation, or postponement of the sale, at the address of the real estateand, if different, at the owner's address listed with the tax collector'soffice of the city or town where the real estate is situated as of such date atleast twenty (20) days prior to first publishing the notice, including the dayof the mailing in the computation; second by causing an advertisement thereofto be published once a week for the space of three (3) weeks next before thetime of the sale in some public newspaper published in the county where thereal estate lies, and if no such public newspaper is published therein, then insome public newspaper published daily in the city of Providence; and third bymailing written notice of the time and place of the sale by certified mailreturn receipt requested to all persons who have recorded a mortgage,attachment, lien, or any other encumbrance relating to the real estate underthe levy which is junior or subordinate to the levy at the address, if any, ofthe holder of the mortgage, attachment, lien, or other encumbrance as set forthin the recorded instrument or to the address of the holder's attorney as setforth in the recorded mortgage, attachment, lien, or other encumbrance at leastfourteen (14) days prior to the scheduled sale date, without regard to anyadjournment, continuation, or postponement of the sale. If no such addressshall be set forth in the mortgage, attachment, lien, or other encumbrance orif the instrument shall not have been recorded more than thirty (30) days priorto the scheduled sale date, without reference to any adjournment, continuation,or postponement of the sale, no such notice need be mailed to the holder of anysuch mortgage, attachment, lien, or other encumbrance. If any such notice is somailed but is undeliverable to the owner or the holder, is refused by the owneror the holder, is unclaimed by the owner or the holder, or if the owner's orholder's forwarding notice shall have expired, or if the notice shall otherwisenot be delivered by the United States Postal Service, the notice requirementshall be deemed satisfied. If a notice is not given prior to the sale to allpersons who have recorded a mortgage, attachment, lien, or any otherencumbrance relating to the levied premises, which is junior or subordinate tothe execution, the encumbrance shall survive the sale for a period of one yearfrom the date of sale unless a written notice of commencement of foreclosureproceedings of the mortgage or a written notice of intent to enforce theattachment, lien, or other encumbrance is recorded in the land evidence recordsin the city or town where the levied premises are located. Failure to recordwritten notice within one year of the sale shall render the mortgage,attachment, lien, or other encumbrance, which is junior or subordinate to theexecution, unenforceable. If no person redeem the real estate or interesttherein before the real estate shall be exposed for sale, which sale shall notbe earlier than three (3) months after levy, the officer shall sell the realestate, or so much thereof as shall be sufficient to satisfy the judgmentobtained and the costs and charges, at public auction, and a deed thereof, byhim or her given, shall vest in the purchaser all the estate, right, andinterest which the debtor had therein at the time the estate was attached, orin case there was no attachment, all the estate, right, and interest which thedebtor had at the time the levy was made, and the surplus of money that shallarise from the sale of the real estate or interest therein after satisfying theexecution and the costs and charges shall be deposited with the generaltreasurer for the owner thereof, and shall be liable to be attached for his orher other debts.
(b) The officer shall include in the deed given an affidavitof compliance with the requirements of written notice of the sale as set forthin subsection (a).
§ 9-26-16 Advertisement and sale of realestate levied on – Disposition of proceeds. – (a) The officer shall give public notice of the levy and of the intended saleof the real estate or interest therein under the levy: first by mailing bycertified mail return receipt requested to the record owner of the real estateas of the date sixty (60) days prior to the scheduled sale date, including theday of the mailing in the computation, without reference to any adjournment,continuation, or postponement of the sale, at the address of the real estateand, if different, at the owner's address listed with the tax collector'soffice of the city or town where the real estate is situated as of such date atleast twenty (20) days prior to first publishing the notice, including the dayof the mailing in the computation; second by causing an advertisement thereofto be published once a week for the space of three (3) weeks next before thetime of the sale in some public newspaper published in the county where thereal estate lies, and if no such public newspaper is published therein, then insome public newspaper published daily in the city of Providence; and third bymailing written notice of the time and place of the sale by certified mailreturn receipt requested to all persons who have recorded a mortgage,attachment, lien, or any other encumbrance relating to the real estate underthe levy which is junior or subordinate to the levy at the address, if any, ofthe holder of the mortgage, attachment, lien, or other encumbrance as set forthin the recorded instrument or to the address of the holder's attorney as setforth in the recorded mortgage, attachment, lien, or other encumbrance at leastfourteen (14) days prior to the scheduled sale date, without regard to anyadjournment, continuation, or postponement of the sale. If no such addressshall be set forth in the mortgage, attachment, lien, or other encumbrance orif the instrument shall not have been recorded more than thirty (30) days priorto the scheduled sale date, without reference to any adjournment, continuation,or postponement of the sale, no such notice need be mailed to the holder of anysuch mortgage, attachment, lien, or other encumbrance. If any such notice is somailed but is undeliverable to the owner or the holder, is refused by the owneror the holder, is unclaimed by the owner or the holder, or if the owner's orholder's forwarding notice shall have expired, or if the notice shall otherwisenot be delivered by the United States Postal Service, the notice requirementshall be deemed satisfied. If a notice is not given prior to the sale to allpersons who have recorded a mortgage, attachment, lien, or any otherencumbrance relating to the levied premises, which is junior or subordinate tothe execution, the encumbrance shall survive the sale for a period of one yearfrom the date of sale unless a written notice of commencement of foreclosureproceedings of the mortgage or a written notice of intent to enforce theattachment, lien, or other encumbrance is recorded in the land evidence recordsin the city or town where the levied premises are located. Failure to recordwritten notice within one year of the sale shall render the mortgage,attachment, lien, or other encumbrance, which is junior or subordinate to theexecution, unenforceable. If no person redeem the real estate or interesttherein before the real estate shall be exposed for sale, which sale shall notbe earlier than three (3) months after levy, the officer shall sell the realestate, or so much thereof as shall be sufficient to satisfy the judgmentobtained and the costs and charges, at public auction, and a deed thereof, byhim or her given, shall vest in the purchaser all the estate, right, andinterest which the debtor had therein at the time the estate was attached, orin case there was no attachment, all the estate, right, and interest which thedebtor had at the time the levy was made, and the surplus of money that shallarise from the sale of the real estate or interest therein after satisfying theexecution and the costs and charges shall be deposited with the generaltreasurer for the owner thereof, and shall be liable to be attached for his orher other debts.
(b) The officer shall include in the deed given an affidavitof compliance with the requirements of written notice of the sale as set forthin subsection (a).
§ 9-26-16 Advertisement and sale of realestate levied on – Disposition of proceeds. – (a) The officer shall give public notice of the levy and of the intended saleof the real estate or interest therein under the levy: first by mailing bycertified mail return receipt requested to the record owner of the real estateas of the date sixty (60) days prior to the scheduled sale date, including theday of the mailing in the computation, without reference to any adjournment,continuation, or postponement of the sale, at the address of the real estateand, if different, at the owner's address listed with the tax collector'soffice of the city or town where the real estate is situated as of such date atleast twenty (20) days prior to first publishing the notice, including the dayof the mailing in the computation; second by causing an advertisement thereofto be published once a week for the space of three (3) weeks next before thetime of the sale in some public newspaper published in the county where thereal estate lies, and if no such public newspaper is published therein, then insome public newspaper published daily in the city of Providence; and third bymailing written notice of the time and place of the sale by certified mailreturn receipt requested to all persons who have recorded a mortgage,attachment, lien, or any other encumbrance relating to the real estate underthe levy which is junior or subordinate to the levy at the address, if any, ofthe holder of the mortgage, attachment, lien, or other encumbrance as set forthin the recorded instrument or to the address of the holder's attorney as setforth in the recorded mortgage, attachment, lien, or other encumbrance at leastfourteen (14) days prior to the scheduled sale date, without regard to anyadjournment, continuation, or postponement of the sale. If no such addressshall be set forth in the mortgage, attachment, lien, or other encumbrance orif the instrument shall not have been recorded more than thirty (30) days priorto the scheduled sale date, without reference to any adjournment, continuation,or postponement of the sale, no such notice need be mailed to the holder of anysuch mortgage, attachment, lien, or other encumbrance. If any such notice is somailed but is undeliverable to the owner or the holder, is refused by the owneror the holder, is unclaimed by the owner or the holder, or if the owner's orholder's forwarding notice shall have expired, or if the notice shall otherwisenot be delivered by the United States Postal Service, the notice requirementshall be deemed satisfied. If a notice is not given prior to the sale to allpersons who have recorded a mortgage, attachment, lien, or any otherencumbrance relating to the levied premises, which is junior or subordinate tothe execution, the encumbrance shall survive the sale for a period of one yearfrom the date of sale unless a written notice of commencement of foreclosureproceedings of the mortgage or a written notice of intent to enforce theattachment, lien, or other encumbrance is recorded in the land evidence recordsin the city or town where the levied premises are located. Failure to recordwritten notice within one year of the sale shall render the mortgage,attachment, lien, or other encumbrance, which is junior or subordinate to theexecution, unenforceable. If no person redeem the real estate or interesttherein before the real estate shall be exposed for sale, which sale shall notbe earlier than three (3) months after levy, the officer shall sell the realestate, or so much thereof as shall be sufficient to satisfy the judgmentobtained and the costs and charges, at public auction, and a deed thereof, byhim or her given, shall vest in the purchaser all the estate, right, andinterest which the debtor had therein at the time the estate was attached, orin case there was no attachment, all the estate, right, and interest which thedebtor had at the time the levy was made, and the surplus of money that shallarise from the sale of the real estate or interest therein after satisfying theexecution and the costs and charges shall be deposited with the generaltreasurer for the owner thereof, and shall be liable to be attached for his orher other debts.
(b) The officer shall include in the deed given an affidavitof compliance with the requirements of written notice of the sale as set forthin subsection (a).
