§ 34-27-4 - Publication of notice under power of sale.

SECTION 34-27-4

   § 34-27-4  Publication of notice underpower of sale. – (a) Whenever any real estate shall be sold under any power of sale mortgageexecuted subsequent to May 4, 1911, and the mortgage shall provide for thegiving of notice of the sale by publication in some public newspaper at leastonce a week for three (3) successive weeks before the sale, the firstpublication of the notice shall be at least twenty-one (21) days before the dayof sale, including the day of the first publication in the computation, and thethird publication of the notice shall be no fewer than seven (7) days beforethe original date of sale listed in the advertisement and no more than fourteen(14) days before the original date of sale listed in the advertisement. Thesale may take place no more than fourteen (14) days from the date on which thethird successive notice is published, including the day of the thirdpublication in the computation. Provided, however, that if the sale isadjourned as provided in Rhode Island general laws § 34-11-22, and theadjourned sale is held during the same calendar week as the originallyscheduled day of sale, no additional advertising is required. Otherwise,publication of the notice of the adjourned sale, together with a notice of theadjournment or adjournments, shall be continued at least once each weekcommencing with the calendar week following the originally scheduled day ofsale; the sale, as so adjourned, shall take place during the same calendar weekin which the last notice of the adjourned sale is published, at least one dayafter the date on which the last notice is published.

   (b) Provided, however, that no notice shall be valid oreffective unless the mortgagor has been mailed written notice of the time andplace of sale by certified mail return receipt requested at the address of thereal estate and, if different, at the mortgagor's address listed with the taxassessor's office of the city or town where the real estate is located or anyother address mortgagor designates by written notice to mortgagee at his, her,or its last known address, at least twenty (20) days for mortgagors other thanindividual consumer mortgagors, and at least thirty (30) days for individualconsumer mortgagors, days prior to the first publication, including the day ofmailing in the computation. The mortgagee shall include in the foreclosure deedan affidavit of compliance with this provision.