reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-9. - Subterfuge prohibited.

§ 34-25.2-9. Subterfuge prohibited.
It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by:
(1)
Dividing any loan transaction into separate parts for the purpose of evading the provisions of this chapter;
(2)
Structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan;
(3)
Engaging in any other subterfuge with the intent of evading any provision of this chapter.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1; P.L. 2011, ch. 363, § 16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-10. - Rights in addition to other laws.

§ 34-25.2-10. Rights in addition to other laws.
The rights conferred by this chapter are independent of and in addition to any other rights under other laws.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-11. - Exemption.

§ 34-25.2-11. Exemption.
The provisions of this chapter shall not apply to:
(1)
Any national bank, federal savings bank, federal credit union, credit union, or financial institution, as defined under § 19-1-1, or their wholly-owned subsidiary; and
(2)
The Federal Housing Administration, the Department of Veterans Affairs, or other state or federal housing finance agencies.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1; P.L. 2007, ch. 54, § 1; P.L. 2007, ch. 67, § 1; P.L. 2011, ch. 363, § 16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-12. - Department of business regulation.

§ 34-25.2-12. Department of business regulation.
The director may promulgate such rules and regulations as are necessary and proper to carry out the provisions of this chapter. Rules and regulations promulgated for subsections 34-25.2-4(q) and 34-25.2-5(b) may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the director, are necessary or proper to carry out those sections, to prevent circumvention or evasion thereof or to facilitate compliance therewith.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-13. - Reporting.

§ 34-25.2-13. Reporting.
The department shall report to the governor and the general assembly on or before January 1, 2009, with regard to the effectiveness of this act in achieving its purpose, which report shall include, but not be limited to:
(1)
The reported incidence of prohibited practices by calendar quarter for the period January 1, 2007 through June 30, 2008;
(2)
The disposition, if any, of the reported incidences of prohibited practices;
(3)
Findings and recommendations with regard to any improvements, amendments, or changes that should be considered to make the act more effective in achieving its purposes or which may be necessary in order to assure fair availability of credit.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1; P.L. 2011, ch. 363, § 16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-14. - Liberal construction.

§ 34-25.2-14. Liberal construction.
This chapter shall be construed liberally in aid of its declared purpose of protecting the homes and the equity of individual borrowers in this state.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-25.2 - Rhode Island Home Loan Protection Act › Section 34-25.2-15. - Severability.

§ 34-25.2-15. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end, the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2006, ch. 569, § 1; P.L. 2006, ch. 573, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-26 - Redemption, Release, and Transfer of Mortgages › Section 34-26-1. - Complaint to redeem.

§ 34-26-1. Complaint to redeem.
Any person entitled in equity to redeem any mortgaged property, whether real or personal, may prefer a complaint to redeem the property, 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, § 14; G.L. 1909, ch. 258, § 14; G.L. 1923, ch. 302, § 14; G.L. 1938, ch. 442, § 14; G.L. 1956, § 34-26-1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-26 - Redemption, Release, and Transfer of Mortgages › Section 34-26-2. - Right to discharge on satisfaction of mortgage — Escrow accounts.

§ 34-26-2. Right to discharge on satisfaction of mortgage — Escrow accounts.
(a)
Every mortgagee of real estate, his, her or its heirs, executors, administrators, successors, or assigns, having received full satisfaction for the money due on the mortgage, shall, within thirty (30) days after final payment, discharge the mortgage as provided in § 34-26-3 or by separate instrument of release of the mortgage, and shall send the discharge to be recorded in the proper record book with suitable references to the original record, including the mortgagor’s name and address, which shall forever afterwards discharge, defeat and release the mortgage and perpetually bar all actions to be brought thereon in any court. Upon forwarding the discharge for recording the mortgagee shall notify the mortgagor. Any mortgagor or his agent upon tendering final payment to the mortgagee in full satisfaction of the mortgage may in writing require the mortgagee to issue the discharge by separate instrument of release, directly to a designated person or real estate closing officer within the thirty (30) day period.
(b)
Every mortgagee of real estate, his, her or its heirs, executors, administrators or successors or assigns, having received full satisfaction for the money due on the mortgage, shall, within thirty (30) days after final payment, disburse to the mortgagor any and all funds held in escrow under the terms of the mortgage.
History of Section.
G.L. 1896, ch. 207, § 5; G.L. 1909, ch. 258, § 5; G.L. 1923, ch. 302, § 5; G.L. 1938, ch. 442, § 5; G.L. 1956, § 34-26-2; P.L. 1960, ch. 147, § 3; P.L. 1980, ch. 240, § 1; P.L. 1987, ch. 216, § 1; P.L. 1993, ch. 53, § 1; P.L. 1993, ch. 143, § 1; P.L. 2000, ch. 482, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-26 - Redemption, Release, and Transfer of Mortgages › Section 34-26-3. - Methods of discharge.

§ 34-26-3. Methods of discharge.
A mortgage may be discharged in whole or in part by an entry acknowledging the satisfaction thereof or the payment thereon, as the case may be, made on the face or back of the mortgage, or upon the face or margin of the record of the mortgage, in the records of land evidence, and signed by the mortgagee or by his or her executor, administrator, successor, or, if the mortgage be assigned, by the assignee or his or her executor or administrator; and such entry shall have the same effect as a deed of release duly acknowledged and recorded.
History of Section.
G.L. 1896, ch. 207, § 6; G.L. 1909, ch. 258, § 6; G.L. 1923, ch. 302, § 6; G.L. 1938, ch. 442, § 6; G.L. 1956, § 34-26-3.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-26 - Redemption, Release, and Transfer of Mortgages › Section 34-26-4. - Requiring assignment of mortgage in lieu of discharge — Enforcement by incumbrancers.

§ 34-26-4. Requiring assignment of mortgage in lieu of discharge — Enforcement by incumbrancers.
Where a mortgagor is entitled to redeem, he or she shall by virtue of this section have power to require the mortgagee, instead of discharging or reconveying, and on the terms on which he or she would be bound to discharge or reconvey, to assign the mortgage debt and convey the mortgaged property to such third person as the mortgagor directs; provided, that the mortgagor assumes the expense of making the assignment and conveyance, and obligates himself or herself to have the same recorded, and the fact of the transfer being made shall be prima facie evidence that the assumption of expense and the obligation have been made; and the mortgagee shall, by virtue of this section, be bound, on being relieved of all expense and having the obligation made to him or her, to assign and convey accordingly; and the right shall belong to and be capable of being enforced by each incumbrancer, or by the mortgagor, notwithstanding any intermediate incumbrance, but a requisition of an incumbrancer shall prevail over a requisition of the mortgagor and, as between incumbrancers, a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer. This section does not apply in the case of a mortgagee being or having been in possession.
History of Section.
G.L. 1896, ch. 207, § 7; G.L. 1909, ch. 258, § 7; G.L. 1923, ch. 302, § 7; G.L. 1938, ch. 442, § 7; G.L. 1956, § 34-26-4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-1. - Improvements by consent of owner — Contracts barring enforcement of lien against public policy.

§ 34-28-1. Improvements by consent of owner — Contracts barring enforcement of lien against public policy.
(a)
Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time the owner of the land on which the improvement is located, or by the husband of such owner with the consent of his wife, the building, canal, turnpike, railroad, or other improvement, together with the land, is hereby made liable and shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, alteration, or reparation thereof, which have been furnished by any person.
(b)
A covenant, promise, agreement of understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to bar the filing of a notice of intention or the taking of any steps to enforce a lien as set forth in this chapter is against public policy and is void and unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanic’s lien executed and delivered by a contractor, subcontractor, material supplier, or laborer simultaneously with or after payment for the labor performed or the materials furnished has been made to such contractor, subcontractor, material supplier, or laborer.
History of Section.
G.L. 1896, ch. 206, § 1; G.L. 1909, ch. 257, § 1; G.L. 1923, ch. 301, § 1; G.L. 1938, ch. 445, § 1; G.L. 1956, § 34-28-1; P.L. 1965, ch. 235, § 1; P.L. 1981, ch. 356, § 1; P.L. 1991, ch. 328, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-2. - Improvements by consent of tenant or lessee.

§ 34-28-2. Improvements by consent of tenant or lessee.
Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of any lessee or tenant thereof, or by the husband of the lessee or tenant with the consent of his wife, the interest and title of the lessee or tenant in the building, canal, turnpike, railroad, or other improvement, and in the land on which the improvement is located, shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of the building, canal, turnpike, railroad or other improvement, and for the materials used in the construction, erection, alteration, or reparation thereof, which have been furnished by any person, but not the interest or title of the landlord of such lessee or tenant, unless the consent in writing of the landlord is first obtained, assenting to the construction, erection, alteration, or reparation.
History of Section.
G.L. 1896, ch. 206, § 2; G.L. 1909, ch. 257, § 2; G.L. 1923, ch. 301, § 2; G.L. 1938, ch. 445, § 2; G.L. 1956, § 34-28-2; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-3. - Improvements by consent of owner of less than freehold.

§ 34-28-3. Improvements by consent of owner of less than freehold.
Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time less than sole owner of the fee simply (including, without restricting the foregoing, a life tenant, tenant in common, joint tenant, and tenant by entirety), or by the husband of the owner with the consent of his wife (and, in the case of a tenant by entirety, no lien shall be had either against the husband’s or the wife’s interest in the improvement unless the consent is given), the building, canal, turnpike, railroad, or other improvement, together with the title and interest of the owner in the land on which the improvement is located, shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, or reparation thereof, which have been furnished by any person, but not the interest or title of any other owner of an estate in such land, unless the consent in writing of the other owner is first obtained, assenting to the construction, erection, alteration, or reparation.
History of Section.
G.L. 1896, ch. 206, § 3; G.L. 1909, ch. 257, § 3; G.L. 1923, ch. 301, § 3; G.L. 1938, ch. 445, § 3; G.L. 1956, § 34-28-3; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-3.1. - Materials to include rental or lease of any equipment.

§ 34-28-3.1. Materials to include rental or lease of any equipment.
In addition to any meaning given through judicial interpretation or context, the term “material” or “materials”, when used in this chapter shall also include the rental or lease of any equipment.
History of Section.
P.L. 1997, ch. 361, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-4.1. - Contractors.

§ 34-28-4.1. Contractors.
No person contracting directly with either the owner of the land, lessee, or tenant of the land, or owner of less than the fee simple, other than material suppliers, as those terms are referred to in §§ 34-28-1, 34-28-2, 34-28-3, shall be entitled to claim a lien under this chapter unless that person shall have provided the following notice to the owner, lessee, or tenant, or owner of less than the fee simple, either incorporated conspicuously in a written contract or sent by certified mail, return receipt requested, any time prior to commencing work or delivery of materials for construction, erection, alteration or repair as set forth in this chapter. The failure of such person contracting directly to give such notice shall not affect the right of any other person performing work or furnishing materials of claiming a lien pursuant to this chapter, provided that the procedures set forth in this chapter are followed. However, such person failing to file such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of any liens claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have paid such person.
NOTICE OF POSSIBLE MECHANIC’S LIEN
To: Insert name of owner, lessee or tenant, or owner of less than the fee simple.
The undersigned is about to perform work and/or furnish materials for the construction, erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract with you. This is a notice that the undersigned and any other persons who provide labor and materials for the improvement under contract with the undersigned may file a mechanic’s lien upon the land in the event of nonpayment to them. It is your responsibility to assure yourself that those other persons under contract with the undersigned receive payment for their work performed and materials furnished for the construction, erection, alteration or repair upon the land.
History of Section.
P.L. 2006, ch. 630, § 2; P.L. 2015, ch. 258, § 1; P.L. 2015, ch. 279, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-5. - Recording notice of intention.

§ 34-28-5. Recording notice of intention.
Every town clerk and every recorder of deeds, as the case may be, shall, on payment of a fee of eight dollars ($8.00) for each notice of intention, record the notices of intention provided for in § 34-28-4, whether in the form therein provided or not, in a book to be kept by him or her for that purpose, with the time and date when the notices of intention are received and recorded by him or her; he or she shall also maintain an alphabetical index of the owners and lessees or tenants mentioned in all notices of intention, so recorded, provided, however, that the town clerk may refuse for recording any notice of intention which fails to reference the name of the owner of record, or lessee, pursuant to § 34-28-4(b).
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1986, ch. 331, § 5; P.L. 1989, ch. 189, § 1; P.L. 1991, ch. 328, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-6. - Repealed.

§ 34-28-6. Repealed.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 2; Repealed by P.L. 1991, ch. 328, § 2, effective September 1, 1991.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-7. - Lien of architect or engineer.

§ 34-28-7. Lien of architect or engineer.
The lien, under §§ 34-28-1, 34-28-2 or 34-28-3, of any architect or engineer, or of any immediate or mediate subcontractor thereto, for work done in connection with the construction, erection, alteration, or reparation, the result of which is used therein, shall be valid and enforceable under the provisions of this chapter if and only if a notice of intention provided for in § 34-28-4, is mailed and filed in accordance therewith by the architect, engineer, or such subcontractor thereto, the mailing and filing in the land evidence records to be before the later of two hundred (200) days of the performance of the work or ten (10) days after the actual and visible commencement, by excavation or otherwise, of the construction, erection, alteration or reparation.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1966, ch. 197, § 3; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-8. - Land subject to lien.

§ 34-28-8. Land subject to lien.
A notice of intention may be mailed and filed under § 34-28-4 against one or more contiguous parcels of land or parcels of land separated only by a public or private way, provided such parcels are owned, or occupied as lessee or tenant, by the same person or persons, and in such case the lien under the provisions of §§ 34-28-1, 34-28-2, 34-28-3 or 34-28-7 shall be against all of the parcels of land and all of the buildings, canals, turnpikes, railroads, or other improvements thereon in accordance with the tenor of those sections, or against the interest of the lessee or tenant therein, if the work is done or the materials are used on any of the parcels, or in any of the buildings, canals, turnpikes, railroads, or other improvements.
History of Section.
G.L. 1896, ch. 206, § 20; G.L. 1909, ch. 257, § 20; G.L. 1923, ch. 301, § 20; G.L. 1938, ch. 445, § 20; G.L. 1956, § 34-28-21; G.L. 1956, § 34-28-8; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-9. - Effective period of notice.

§ 34-28-9. Effective period of notice.
A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing. A notice of lien shall be effective as to any retainage earned but not paid, for work furnished pursuant to § 34-28-1 et. seq., and said notice of lien shall be effective from commencement of said work. Retainage is a percentage of the total contract amount that is withheld by the owner from the general contractor and by the general contractor from the subcontractor until the entire job is completed and the project is accepted by the owner and by the general contractor, at which time the retainage due is paid.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1; P.L. 2008, ch. 75, § 1; P.L. 2008, ch. 345, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-10. - Complaint to enforce lien — Lis pendens notice.

§ 34-28-10. Complaint to enforce lien — Lis pendens notice.
(a)
Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming a lien under those sections, unless the person shall file a complaint to enforce the lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired, and unless such person shall also file in the records of land evidence in the city or town in which such land is located a notice of lis pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within seven (7) days thereafter, and both the complaint and the notice of lis pendens to be filed within forty (40) days of the date of the recording of the notice of intention provided in § 34-28-4 and § 34-28-7. The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within the required forty (40) day period, shall be void and wholly lost as to work done or materials furnished prior to the two hundred (200) day period, regardless of the fact that the person may thereafter do other work or furnish other materials in the course of the same construction, erection, alteration, or reparation.
(b)
The power of sale contained in a mortgage on any real property subject to a lien created by this chapter shall not be effected by the filing of a notice of lien as provided in § 34-28-4 and § 34-28-7, provided, however, the power of sale shall be suspended by the filing of a complaint to enforce as provided in this section and the power of sale shall only be exercised thereafter in accordance with the provisions of § 34-28-16.1.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-11. - Contents of lis pendens.

§ 34-28-11. Contents of lis pendens.
(a)
The notice of lis pendens required to be filed under § 34-28-10 shall state that the person filing the notice of lis pendens that day has filed or will file within seven (7) days in the superior court a complaint to enforce a mechanics’ lien, and shall also contain:
(1)
The name of the person against whom the complaint has been or will be filed and the relationship of the person to the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired;
(2)
A description of the land by metes and bounds, or by reference to a recorded plat, by tax assessor’s lot and plat, or by other legal description;
(3)
The amount claimed (the value within two hundred (200) days) in the complaint to be due to the plaintiff;
(4)
The dates of the mailing and of the filing of any notice of intention under § 34-28-4 and renewal notices under § 34-28-9, if any, and the name and address of the person to whom any mailing under § 34-28-4 was made;
(5)
The name and address of the plaintiff and of his or her attorney, if any.
(b)
The notice of lis pendens may be in substantially the following form:
NOTICE OF LIS PENDENS
All persons are hereby notified that the undersigned this day has filed or will file within seven (7) days hereafter, in the superior court for ....................................................................... County, a complaint to enforce a mechanics’ lien against (here insert name of the person against whom the complaint has been or will be filed and his or her relationship to the land), concerning land described as follows: (here insert description of land). The undersigned asserts that there is due to him or her the sum of (here insert the amount claimed) under the mechanics’ lien, which is based upon a notice of intention, under § 34-28-4 of the mechanics’ lien law, mailed to (here insert name and address of person to whom mailing was made) on (here insert date of mailing) and filed in the records of land evidence of the city or town of (here insert name of city or town) on (here insert date of filing of notice). The attorney for the undersigned is (here insert name and address of attorney).
____________________________
____________________________
(Name and address of person filing notice of lis pendens)
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-28 - Mechanics’ Liens › Section 34-28-12. - Recording of lis pendens.

§ 34-28-12. Recording of lis pendens.
Every town clerk and every recorder of deeds, as the case may be, on payment of a fee as provided in § 34-13-7 for each notice of lis pendens, shall record the notices of lis pendens provided for in §§ 34-28-10 and 34-28-11, whether in the form therein provided or not, in the book provided for in § 9-4-9, and shall maintain as part of the index of the book an alphabetical index of the owners or lessees or tenants mentioned in all notices or lis pendens so recorded.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1986, ch. 325, § 2.