Rhode Island Real Estate Laws Every Seller Should Know
Rhode Island gives a homeowner facing foreclosure a free mediation conference with their lender, paid for by the lender, and then lets it disappear after two unanswered phone calls. Both halves are below, in plain language, along with what the transfer itself costs.
Before Any State Clock Starts: the Federal 120-Day Rule
Every state timeline on this page sits behind a federal one, and it is the single most
useful thing to know if you have missed payments. Under
Regulation
X, 12 CFR 1024.41(f)(1), a mortgage servicer generally
“shall not make the first notice or filing” required for a judicial or
non-judicial foreclosure unless the borrower's mortgage loan obligation is
more than 120 days delinquent.
That is roughly four months of missed payments before the state process is even allowed to
begin. It is why a state sequence that looks alarmingly short on paper is usually longer in
practice than the statute alone suggests.
The exceptions, because they are real. The rule does not apply where the
foreclosure is based on a violation of a due-on-sale clause, or where the servicer is joining the
action of a superior or subordinate lienholder. Small servicers are not exempt from this
particular prohibition. Loan types and servicing arrangements vary, and some loans are outside
Regulation X altogether.
So treat 120 days as the general floor rather than a guarantee, and work from the dates on your
own paperwork. If a notice has arrived and you do not believe you are past that point, that is a
question worth putting to a HUD-approved housing counselor or an attorney before you do anything
else.
Mediation Comes First, And Your Lender Pays For It
Rhode Island forecloses under a power of sale in the mortgage, but it puts
something in front of that, and it is genuinely useful.
The lender has to offer mediation before it can start. Under R.I. Gen. Laws
§34-27-9, a mortgagee must, before initiating foreclosure, send the homeowner written notice
“that the mortgagee may not foreclose on the mortgaged property
without first participating in a mediation conference”. The notice has
to be in English, Portuguese and Spanish.
And there is a price for not sending it. If the mortgagee fails to mail that
notice “within one hundred twenty (120) days after the date of default,
it shall pay a penalty at the rate of one thousand ($1,000) per month”
for each month or part of one, running from the 121st day until the notice goes out. Those penalties
are paid to the mediation coordinator, and they have to be paid before the certificate the lender
needs in order to proceed will be issued.
The conference itself is free to you. It happens in person or by phone
“not later than sixty (60) days following the mailing of the
notice”, and is “provided at no cost to the mortgagor”.
The mortgagee pays the HUD-approved counseling agency up to $500 for the mediation and a filing fee
of up to $100.
Two things to be realistic about. The coordinator is
“unbiased, impartial, and independent”, with
“no authority to impose a solution or otherwise act as a consumer
advocate”, so do not walk in expecting someone on your side. And if you make a written
workout proposal and the lender turns it down, one of the statute's own good-faith factors is that
the mortgagee “provided a detailed statement, in writing, of its reasons for
rejecting the proposal”. Very few people ask for that. You can.
The section applies only to owner-occupied residential property of no more than four dwelling
units that is your primary home.
Official source: R.I. Gen. Laws §34-27-9
Two Missed Phone Calls And That Protection Is Gone
The same section that gives you mediation can take it away fast, and there is no hearing and no
second chance attached to it.
§34-27-9(g):
“If, after two (2) attempts by the mediation coordinator to contact the
mortgagor, the mortgagor fails to respond to the mediation coordinator's request to
appear at a mediation conference, or the mortgagor fails to cooperate in any respect
with the requirements of this section, the requirements of the section shall be deemed
satisfied” – and a certificate
“will be issued immediately” authorizing the lender to proceed
with the foreclosure, including recording the deed. That certificate is recorded along with the
foreclosure deed.
So answer the phone. If a mediation coordinator is trying to reach you, that is
not a debt collector and not the lender: it is the person whose job it is to get you and your lender
into a room. Two unanswered attempts is enough, and nothing will arrive telling you that the
protection has gone.
Cooperating means more than turning up. The statute requires the mortgagor to
cooperate “in all respects”, including
“providing all necessary financial and employment information and completing any and all
loan resolution proposals and applications deemed appropriate by the mediation coordinator”.
Gather your paperwork before the conference rather than after it.
And if you do reach an agreement, keep to it. Section 34-27-9(j) provides that
where a workout agreement has been certified and the mortgagor fails to fulfill their obligations
under it, the whole mediation section “shall not apply to any foreclosure
initiated ... within twelve (12) months” of that agreement. Break the
deal and there is no second mediation for a year.
Official source: R.I. Gen. Laws §34-27-9(g) and (j)
The Notice Of Sale, And What The Transfer Costs
The advertisement. Under §34-27-4 notice of a power of sale must be
published “at least once a week for three (3) successive weeks before the sale”.
The first publication must be “at least twenty-one (21) days before the
day of sale”, the third no fewer than seven and no more than fourteen
days before it, and the sale may take place no more than fourteen days after that third notice.
The letter, and this one has a consequence attached. The section says that
“no notice shall be valid or effective unless the mortgagor has been
mailed written notice of the time and place of sale by certified mail return receipt
requested” – at the address of the property and, if different, at the
address on file with the city or town tax assessor or any address you have designated in writing
– “at least twenty (20) days for mortgagors other than individual consumer
mortgagors, and at least thirty (30) days for individual consumer mortgagors”,
and that runs to the first publication rather than to the sale. The mortgagee must
include an affidavit of compliance in the foreclosure deed. The mailed notice also
has to carry a statement of the rights of active military servicemembers.
What the transfer costs. Under §44-25-1 the real estate conveyance tax is
$3.75 for each $500 of consideration, or part of it, where the consideration
exceeds $100 – and on who pays, the statute is direct:
“In the absence of an agreement to the contrary, the tax shall be paid by the
grantor”. The seller by default, and expressly something your contract can
change. There is a second tier: another $3.75 per $500 on the part of the price
above $800,000 on residential property, and from 1 January 2026 that threshold is
adjusted each year by the consumer price index, so confirm the current figure with your closing
agent rather than relying on a number printed on a web page. We have not read the exemptions, so we
make no claim about transfers between family members, on divorce or by gift.
Three things we could not establish. We did not find sections dealing with a
surplus if the house sells for more than is owed, with a shortfall
afterwards, or with any right to buy the property back after the sale. We are not
going to guess at any of the three. And separately: if you do not live in Rhode Island, ask your
closing agent before the closing whether anything is withheld from your proceeds at
settlement, because we could not read the section that would tell us and we will not state a rate we
have not seen.
Official source: R.I. Gen. Laws §34-27-4 and §44-25-1
General information, not advice. This section describes Rhode Island practice in general terms and was checked in September 2026 against the Rhode Island General Laws as published by the Rhode Island General Assembly on its own website. Laws, timelines and local procedures change, and how any of it applies to your property depends on facts we have not seen. It is not legal, tax or financial advice, and it is no substitute for talking to a Rhode Island attorney, accountant or HUD-approved housing counselor about your own situation.