Real Estate Auction Finder

Rhode Island Counties

State Auction Process in Rhode Island

In Rhode Island, the state operates under a tax lien system, and auctions are conducted at the city and town levels rather than the county level. There are a total of 39 municipalities in Rhode Island, comprising 8 incorporated cities and 31 towns. These municipalities hold tax lien sales annually to address unpaid real estate property taxes. When a property owner becomes delinquent in their tax payments, the municipal government advertises and sells the tax lien during a tax lien sale. Each municipality is responsible for conducting its own tax lien sales and managing the auction process. Therefore, the city or town government organizes and oversees the state auctions in Rhode Island.  To participate in these auctions, interested parties should contact the individual cities and towns to obtain information on upcoming sales dates and a list of properties to be sold. These tax lien sales are also advertised in newspapers such as the Providence Journal. 

During the auction, bidders are provided with a registration form as required by Rhode Island general law. The properties are typically auctioned or sold in the order they appear on the tax sale list. The registration form for bidders includes necessary information, including residency status in Rhode Island, and must be signed and notarized. While proper identification may not be necessary to exercise one’s right to vote, it is required to purchase property at a tax lien sale.

The minimum bid at these auctions cannot be less than the total amount required to redeem the property, along with the costs associated with offering the parcel for sale. In some cases, aggressive bidders may bid down to a full-price purchase for a 1% interest in the lien. All payments made at the tax lien sale must be in the form of cash or a cashier’s check.

Foreclosure in Rhode Island

In Rhode Island, the foreclosure process can be carried out through different methods depending on the circumstances. Lenders have several options to foreclose on deeds of trust or mortgages in default.

The first method is the judicial foreclosure process, which involves filing a lawsuit to obtain a court order for foreclosure. This method is used when there is no power of sale clause in the mortgage or deed of trust. Once the court declares a foreclosure, the property is typically auctioned off to the highest bidder.

Another option is for the lender to file a lawsuit seeking eviction. In this case, the lender initiates legal proceedings to regain possession of the property. They may also take possession of the house through peaceful means in the presence of two witnesses who provide a certificate of possession, which must be notarized. Additionally, if the borrower voluntarily gives up possession of the property, it must be done in the presence of a notary. If the lender can maintain possession for a specified period, they will obtain full title to the property.

The non-judicial foreclosure process is also used when a power of sale clause exists in the mortgage or deed of trust. This clause allows the lender to sell the property to pay off the loan balance in the event of default. The power of sale can be executed by the lender or their representative, typically known as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

For non-judicial foreclosures, if the deed of trust or mortgage specifies the time, place, and terms of sale, the specified procedure must be followed. If not, the foreclosure is carried out as follows:

The lender must send a written notice of the time and place of sale to the borrower’s last known address via certified mail at least 20 days prior to the first publication. The notice must also be published in a public newspaper once a week for three successive weeks before the sale, with the first publication at least 21 days before the day of purchase. The notice should include the borrower and lender’s names, the mortgage date, the amount due, a description of the premises, and the time and place of the sale.

During the sale, any person, including the lender, can bid on the property. The highest bidder typically acquires the property through this non-judicial foreclosure process.

It’s important to note that specific details and requirements may vary, and it is recommended to consult with legal professionals or refer to the relevant laws and regulations for accurate and up-to-date information regarding the foreclosure process in Rhode Island.

Rhode Island law only allows for a redemption period in special circumstances. Only specific situations are permitted by Rhode Island law for a redemption period. There is no right of redemption if foreclosure is carried out through a non-judicial process. A right of redemption may be granted for up to three years in some forms of judicial foreclosure, though this is uncommon.

Quick Facts

– Judicial Foreclosure Available: Yes
– Non-Judicial Foreclosure Available: Yes
– Primary Security Instruments: Deed of Trust, Mortgage
– Timeline: Typically 60 days
– Right of Redemption: Varies by Process
Deficiency Judgments Allowed: Yes

Scroll to Top