Rhode Island General Laws 33-18-15. Exercise of power of sale in mortgage
In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administrator, or guardian may, if empowered by the mortgage or by law, and if in his or her discretion it is necessary to prevent a sacrifice of the property, bid upon and buy in the mortgaged property at the sale; and having so purchased, may, on application to the probate court, be authorized to resell the property at public or private sale pursuant to the direction of the court, and convey, without being accountable for any resulting loss. The proceeds of the sale shall be personal property.
History of Section.
C.P.A. 1905, § 880; G.L. 1909, ch. 313, § 15; G.L. 1923, ch. 364, § 15; G.L. 1938, ch. 577, § 15; G.L. 1956, § 33-18-15.
Terms Used In Rhode Island General Laws 33-18-15
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Personal property: All property that is not real property.
- Probate: Proving a will