reglab/housing_qa huggingface dataset:
RI Gen L § 34-26-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-26 - Redemption, Release, and Transfer of Mortgages|Section 34-26-5 - Liability of mortgagee for failure to discharge, release, or transfer mortgage.

§ 34-26-5. Liability of mortgagee for failure to discharge, release, or transfer mortgage.(a) If any mortgagee, his, her or its heirs, executors, administrators, agents, successors, or assigns, shall not, within ten (10) days after a request made in that behalf and a tender of all reasonable charges therefor, discharge the mortgage in one of the modes aforesaid, or otherwise make and execute a release and quitclaim of the estate so mortgaged, and acknowledge it before some proper officer, or transfer the mortgage if required under the provisions of § 34-26-4, he, she, or they so refusing shall be liable to make good all damages that shall accrue for want of the discharge, release, or transfer, to be recovered in a civil action; and in case judgment shall pass against the party sued, the mortgagee shall pay the plaintiff reasonable attorney's fees and triple costs upon the suit.(b) In the event of noncompliance with the provisions of either this section and/or § 34-26-2, the mortgagee shall pay a penalty to the mortgagor for noncompliance in the amount of fifty dollars ($50.00) for a first day of noncompliance and five dollars ($5.00) for each day thereafter that the party remains in noncompliance. The mortgagor shall also be entitled to a reimbursement of reasonable attorney's fees, if applicable, for the costs incurred by the mortgagor and/or his, her or its attorneys in attempting to obtain a discharge to which the mortgage was lawfully entitled pursuant to the provisions of this section and/or § 34-26-2. Demand for penalties and, if applicable, attorney's fees and costs pursuant to this section may be made to the department of business regulation, in those instances in which the mortgagee is a regulated institution as defined in Title 19, and the department shall direct such regulated institutions to pay applicable penalties and reimburse effected mortgagors for attorneys fees and costs incurred, on confirmed instances of noncompliance. The department may promulgate rules and regulations governing the processing of such reimbursement. In those instances in which the mortgagee is not a regulated institution as defined in Title 19, the Department shall provide the mortgagor with the name, address and telephone number of the regulatory agency having jurisdiction over the actions of such mortgagees.(c) As used herein, the term "first day of noncompliance" shall mean the first day following the last day for a mortgagee or similar party to discharge the mortgage.History of Section.G.L. 1896, ch. 207, § 8; G.L. 1909, ch. 258, § 8; G.L. 1923, ch. 302, § 8; G.L. 1938, ch. 442, § 8; G.L. 1956, § 34-26-5; P.L. 1986, ch. 216, § 1; P.L. 1999, ch. 476, § 1.
RI Gen L § 34-26-6 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-26 - Redemption, Release, and Transfer of Mortgages|Section 34-26-6 - Other forms of discharge or release preserved.

§ 34-26-6. Other forms of discharge or release preserved.Nothing contained in this chapter shall be so construed as to defeat, invalidate, annul, or render ineffectual any other legal or equitable discharge, payment, satisfaction, or release of any mortgage.History of Section.G.L. 1896, ch. 207, § 9; G.L. 1909, ch. 258, § 9; G.L. 1923, ch. 302, § 9; G.L. 1938, ch. 442, § 9; G.L. 1956, § 34-26-6.
RI Gen L § 34-26-7 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-26 - Redemption, Release, and Transfer of Mortgages|Section 34-26-7 - Certain ancient mortgages becoming void unless continued.

§ 34-26-7. Certain ancient mortgages becoming void unless continued.On and after January 1, 1989, no power of sale in any mortgage of real estate, except mortgages made by public utilities and non-amortizing mortgages made by Rhode Island housing and mortgage finance corporation now or hereafter of record, shall be exercised and no entry shall be made, nor possession taken, nor proceeding begun for foreclosure of any such mortgage after the expiration of a period which shall be thirty-five (35) years from the date of recording of the mortgage, or in the case of a mortgage in which the term or maturity date is stated, five (5) years from the expiration of the term or maturity date, unless an extension of the mortgage, or an acknowledgment by affidavit of the mortgagee that the mortgage is not satisfied, is recorded before the expiration of the applicable time period. In case an extension of the mortgage or such an acknowledgment by affidavit is so recorded, the period shall continue until five (5) years shall have elapsed during which there is not recorded any further extension of the mortgage nor acknowledgment nor affidavit that the mortgage is not satisfied. The period shall not be extended by nonresidence nor disability of any person interested in the mortgage or the real estate, or by any partial payment, agreement, extension, acknowledgment, affidavit, or other action not meeting the requirements of this section. All extensions, agreements, affidavits and acknowledgments shall be indexed in the land evidence records under the name of the present landowner. Upon the expiration of the applicable period provided herein, the mortgage shall be treated for title purposes as if it had been properly discharged by the record holder thereof.History of Section.P.L. 1970, ch. 200, § 1; P.L. 1986, ch. 217, § 1; P.L. 1988, ch. 139, § 1; P.L. 1988, ch. 215, § 1; P.L. 1989, ch. 293, § 1; P.L. 2015, ch. 96, § 1; P.L. 2015, ch. 106, § 1.
RI Gen L § 34-27-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-1 - Complaint to foreclose.

§ 34-27-1. Complaint to foreclose.Any person entitled to foreclose the equity of redemption in any mortgaged estate, whether real or personal, may prefer a complaint to foreclose it, which complaint may be heard, tried, and determined according to the usages in chancery and the principles of equity.History of Section.G.L. 1896, ch. 207, § 15; G.L. 1909, ch. 258, § 15; G.L. 1923, ch. 302, § 15; G.L. 1938, ch. 442, § 15; G.L. 1956, § 34-27-1.
RI Gen L § 34-27-1.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-1.1 - [Transferred.]

§ 34-27-1.1. [Transferred.]
RI Gen L § 34-27-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-2 - Right of mortgagee to bid at sale.

§ 34-27-2. Right of mortgagee to bid at sale.At any sale by public auction made under and according to the provisions of any mortgage of real estate, or of any power of sale contained therein or annexed thereto, the mortgagee in the deed of mortgage or other conveyance, or pledgee, his, her, or their assigns, or his, her, or their heirs, executors or administrators, or any person for him, her, or them, may fairly and in good faith bid for and purchase the estate or property so put up for sale, or any part thereof, in the same manner as it may be bid for and purchased by any other person.History of Section.G.L. 1896, ch. 207, § 16; P.L. 1896, ch. 327, § 1; G.L. 1909, ch. 258, § 16; G.L. 1923, ch. 302, § 16; G.L. 1938, ch. 442, § 16; G.L. 1956, § 34-27-2; P.L. 1960, ch. 147, § 3.
RI Gen L § 34-27-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-3 - Discharge of purchaser at sale by payments to mortgagee.

§ 34-27-3. Discharge of purchaser at sale by payments to mortgagee.The receipt in writing of a mortgagee shall be a sufficient discharge for any money accruing from sales made under the powers of sale conferred by his or her mortgage; and a person paying it to the mortgagee shall not be obliged to inquire whether any money remains due under the mortgage, or to see as to the application of such proceeds in case of sale.History of Section.G.L. 1896, ch. 207, § 17; G.L. 1909, ch. 258, § 17; G.L. 1923, ch. 302, § 17; G.L. 1938, ch. 442, § 17; G.L. 1956, § 34-27-3.
RI Gen L § 34-27-3.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-3.1 - Repealed.

§ 34-27-3.1. Repealed.History of Section.P.L. 2009, ch. 376, § 1; P.L. 2009, ch. 384, § 1; Repealed by P.L. 2014, ch. 543, § 2, effective October 8, 2014.
RI Gen L § 34-27-3.1.1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-3.1.1 - Foreclosure counseling.

§ 34-27-3.1. Foreclosure counseling.   (a) No less than forty-five (45) days prior to initiating any foreclosure of real estate pursuant to subsection 34-27-4(b), the mortgagee shall provide to an individual consumer mortgagor written notice of default and the mortgagee's right to foreclose by first class mail at the address of the real estate and, if different, at the address designated by the mortgagor by written notice to the mortgagee as the mortgagor's address for receipt of notices.  (b) The written notice required by this section shall be in English and Spanish and, provided the same is then available, shall advise the mortgagor of the availability of counseling through HUD-approved mortgage counseling agencies and, the toll-free telephone number and website address maintained to provide information regarding no-cost HUD-approved mortgage counseling agencies in Rhode Island. The written notice may also contain any other information required under federal law. A form of written notice meeting the requirements of this section shall be promulgated by the department of business regulation for use by mortgagees at least thirty (30) days prior to the effective date of this section. Counseling shall be provided at no cost to the mortgagee.  (c) Failure of the mortgagee to provide notice to the mortgagor as provided herein shall render the foreclosure void, without limitation of the right of the mortgagee thereafter to reexercise its power of sale or other means of foreclosure upon compliance with this section. The mortgagee shall include in the foreclosure deed an affidavit of compliance with this section.  (d) As used herein and in this chapter, the term "HUD" means the United States Department of Housing and Urban Development and any successor to such department.    History of Section. (P.L. 2009, ch. 376, § 1; P.L. 2009, ch. 384, § 1.)
RI Gen L § 34-27-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-5 - Mortgage foreclosure advertisement.

§ 34-27-5. Mortgage foreclosure advertisement.An advertisement for foreclosure may, if describing the real estate being foreclosed, describe the real estate to be foreclosed by metes and bounds description and street address, or by recitation of the taxing authority's assessor's plat and lot designation and street address, or by recitation of the book and page of mortgage and street address.History of Section.P.L. 1990, ch. 403, § 1.
RI Gen L § 34-27-7 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-7 - Notice to tenants of foreclosure sale.

§ 34-27-7. Notice to tenants of foreclosure sale.(a) The mortgagee shall provide to each bona fide tenant a written notice: (1) Stating that the real estate is scheduled to be sold at foreclosure; (2) Stating the date, time, and place initially scheduled for the sale; (3) Informing of the availability and advisability of counseling and information services; (4) Providing the address and telephone number of the Rhode Island housing help center and the United Way 2-1-1 center; (5) Reminding the recipient to continue paying rent to the landlord until the foreclosure sale occurs; and (6) Stating that this notice is not an eviction notice. The notice shall be mailed by first-class mail at least one business day prior to the first publication of the notice required by § 34-27-4. A form of written notice meeting the requirements of this section shall be promulgated by the department of business regulation for use by mortgagees no later than sixty (60) days after the effective date of this section. The notice may be addressed to "Occupant" and mailed to each dwelling unit of the real estate identified in the application for the loan secured by the mortgage being foreclosed. Failure of the mortgagee to provide notice as provided herein shall not affect the validity of the foreclosure.(b) For purposes of this section, a lease or tenancy shall be considered bona fide only if:(1) The mortgagor, or the child, spouse, or parent of the mortgagor, under the contract is not the tenant;(2) The lease or tenancy was the result of an arms-length transaction; and(3) The lease or tenancy requires the receipt of rent that is not substantially less than fair-market rent for the property or the unit's rent is reduced or subsidized due to a federal, state, or local subsidy.History of Section.P.L. 2014, ch. 486, § 3; P.L. 2014, ch. 513, § 3; P.L. 2016, ch. 512, art. 1, § 23.
RI Gen L § 34-27-8 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27 - Mortgage Foreclosure and Sale|Section 34-27-8 - Requirement of affidavit from certain tax-exempt entities.

§ 34-27-8. Requirement of affidavit from certain tax-exempt entities.(a) Definitions. The following definitions apply in the interpretation of the provisions of this section unless the context requires another meaning:(1) "Mortgage loan" means a loan to a natural person made primarily for personal, family, or household purposes secured wholly or partially by a mortgage on residential property.(2) "Residential property" means real property on which there is a dwelling house with accommodations for no more than four (4) dwelling units and occupied, or to be occupied, in whole or in part, by the obligor of the mortgage debt; provided, however, that residential property shall be limited to the principal residence of a person; provided, further, that residential property shall not include an investment property or residence other than a primary residence; and provided, further, that residential property shall not include residential property taken in whole or in part as collateral for a commercial loan.(b) In all circumstances in which an offer to purchase either a mortgage loan or residential property is made by an entity with a tax-exempt filing status under section 501(c)(3) of the Internal Revenue Code, or an entity controlled by an entity with such tax-exempt filing status, no mortgagee shall require, as a condition of sale or transfer to any such entity, any affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property in question and, if obtained, such affidavit, statement, agreement, or addendum shall not provide a basis to avoid a sale or transfer, nor shall it be enforceable against such acquiring entity or any real estate broker, mortgagor, or settlement agent named in such affidavit, statement, or addendum.History of Section.P.L. 2016, ch. 345, § 1; P.L. 2016, ch. 359, § 1.
RI Gen L § 34-27.1-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27.1 - Payment of Proceeds of Mortgage Loans to Subcontractors and Materialmen|Section 34-27.1-1 - Payment of mortgage proceeds to subcontractors and materialmen.

§ 34-27.1-1. Payment of mortgage proceeds to subcontractors and materialmen.(a) In any construction mortgage loan, where the original face amount of the loan is under five hundred thousand dollars ($500,000), the mortgagee may pay all or any portion of the mortgage loan to the owner, or lessee, as the case may be, at any time, except to the extent that a lien or notice thereof has been duly recorded and the mortgagee has received, by registered mail, a written statement from the owner, lessee, contractor, subcontractor or materialman, sworn to be true, setting forth the name and address and the amount of the claim of any subcontractor or materialman who has not been paid and specifying the amount of the unpaid balance of his claim. To the extent that any claims of subcontractors or materialmen are shown on the statement to be unpaid, the mortgagee shall, from any funds remaining in its hands, either:(1) Make checks payable to the owner or lessee, as the case may be, jointly with the subcontractors or materialmen for the amount of the unpaid claim, and a check for any balance may be issued to the owner or lessee, or(2) Withhold an amount equal to the total of the amounts shown by the statement to be unpaid.(b) In the event that the mortgagee is notified in writing by registered mail by the owner, lessee, or contractor that there is a dispute as to the satisfactory performance of any subcontractor or materialman, then the amount due the subcontractor or materialman shall not be paid by the mortgagee until the question is resolved.History of Section.P.L. 1973, ch. 136, § 1; P.L. 1979, ch. 375, § 1; P.L. 1984, ch. 101, § 2.
RI Gen L § 34-27.2-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27.2 - The Rhode Island Construction Trust Act|Section 34-27.2-1 - Short title.

§ 34-27.2-1. Short title.This chapter shall be known and may be cited as "The Rhode Island Construction Trust Act."History of Section.P.L. 2007, ch. 150, § 1; P.L. 2007, ch. 288, § 1.
RI Gen L § 34-27.2-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27.2 - The Rhode Island Construction Trust Act|Section 34-27.2-2 - Legislative findings.

§ 34-27.2-2. Legislative findings.The general assembly finds and declares that the uniqueness of the construction industry requires a special system to ensure that payment is received by those businesses, contractors and owners who expend materials and/or labor prior to the completion of a construction project, but then must wait to be made financially compensated for the materials and/or labor. The general assembly also recognizes that once the materials and labor are placed into the building, or other construction project, it is impossible to reclaim the goods or services so that the only means of compensation is to receive monetary payment. In addition, the general assembly finds that the Comprehensive Bankruptcy Reform Act of 2005 expanded § 523(a) of the Uniform Code of chapter 13, and created a new section known as UC Bankruptcy Code 1328 that gives building material suppliers recourse when a contractor, "commits fraud or defalcation while acting in a fiduciary capacity." Under the new UC Bankruptcy Code 1328, if any person commits fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny the debt is nondischargeable under chapter 7 (liquidation), chapter 11 (adjustment of debt) or chapter 13 (reorganization).History of Section.P.L. 2007, ch. 150, § 1; P.L. 2007, ch. 288, § 1.
RI Gen L § 34-27.2-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27.2 - The Rhode Island Construction Trust Act|Section 34-27.2-3 - Definitions.

§ 34-27.2-3. Definitions.The following definitions apply in the interpretations of the provisions of this chapter, unless the context requires another meaning:(1) "Express Trust" means funds that have been paid by an owner, for or in connection with materials used in an improvement of real property, which are to be held by a contractor or subcontractor, in express trust, for material men. Any such contractor or subcontractor who accepts money from any owner or contractor shall become the trustee of the express trust that is created under this act. The amounts received by such contractor or subcontractor under or in connection with each building project shall be a separate trust and the contractor or subcontractor, or any successor and/or assign of such contractor or subcontractor that hold such trust funds, shall be a trustee thereof. These funds are not required to be held in any separate account by a contractor or subcontractor. Such trust shall be effective against and shall have priority over any interest of a party seeking payment from such contractor or subcontractor for claims other than those that are due and owing by reason of the specific building project for which the trust was created, whether such creditors are foreign attachment or other judicial lien creditors, a trustee in bankruptcy or similar creditors or representatives or creditors of the contractor or subcontractor.(2) "Material men" means those retailers of lumber who are engaged in the business primarily of selling lumber and building materials to contractors, subcontractors, or repairmen to be used for the construction, erection, alteration, or repairing a building or other structure or in the making of any other improvements on land or the preparation thereof, and whose lumber and building material sales comprise of at least fifty percent (50%) of their total sales as defined in § 44-19-41.History of Section.P.L. 2007, ch. 150, § 1; P.L. 2007, ch. 288, § 1.
RI Gen L § 34-27.2-4 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-27.2 - The Rhode Island Construction Trust Act|Section 34-27.2-4 - Funds held in trust.

§ 34-27.2-4. Funds held in trust.(a) Any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor, for work done for or about a building by any subcontractor shall be held in express trust by the contractor or subcontractor, as trustee, for those subcontractors who did work for or about the building, for purposes of paying those subcontractors or any successor and/or assign of such contractor or subcontractor that hold such funds.(b) Any money paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor, for supplies provided by materialmen in contract for the construction, repair, remodeling, improvement or renovation of any building or structure shall be held in an express trust by the contractor or subcontractor for the materialmen or any successor and/or assign of such contractor or subcontractors that holds such trust funds.(c) Nothing contained in this chapter shall be construed as requiring moneys held in express trust by a contractor or subcontractor under subsection (a) or (b) of this section to be placed in a separate account.(d) The existence of trust funds shall not prohibit the filing or enforcement of a labor, mechanic or material men's lien against the affected real property by any lien claimant, nor shall the filing of such a lien release the holder of the funds from the obligations created under Rhode Island law.History of Section.P.L. 2007, ch. 150, § 1; P.L. 2007, ch. 288, § 1.