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In Rhode Island, lenders may foreclose on deeds of trusts or mortgages in default: 1) by using the judicial foreclosure process; 2) by filing a lawsuit seeking eviction; 3) by taking possession of the house; 4) by the borrower voluntarily giving up possession; or 5) by using the non-judicial foreclosure process.
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A ?power of sale? clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default.
A foreclosure is simply the closing of a Home Loan by paying off the entire amount borrowed in one lump sum amount. It is part of the regular Home Loan process and allows you to pay off the borrowed amount before the EMI schedule. You can opt for a foreclosure even after having made a few EMI payments.
Foreclosure law in Rhode Island also ensures that you know about the foreclosure well in advance. You must get your first notice a full 45 days before the lawsuit can be filed. This notice must also direct you to financial counseling. On top of that, you must get both a mediation notice and a notice of sale.
Follow these simple steps to foreclose your home loan Inform the lender. Lenders have hundreds of loans running simultaneously. ... Get all the paperwork in order. ... Assessment of payments. ... Get a NOC. ... Remove Lien on the property. ... Retrieve security cheques. ... Get a New Encumbrance Certificate (EC) ... Retrieve the documents.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.
Strict Foreclosure. A small number of states allow this type of foreclosure. In strict foreclosure proceedings, the lender files a lawsuit on the homeowner that has defaulted. If the borrower cannot pay the mortgage within a specific timeline ordered by the court, the property goes directly back to the mortgage holder.
How Can I Stop a Foreclosure in Rhode Island? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)