Rhode Island General Laws 34-25-3. Priority of attachment, execution, or lis pendens over subsequent loans
If, after the recording of the mortgage, any writ of attachment attaching the real estate mortgaged under the mortgage or any execution against the real estate or any notice of lis pendens affecting the real estate is recorded in the records of the city or town, loans on the security of the mortgage, made after the attachment, execution or lis pendens becomes so of record, shall not have priority over the attachment, execution or notice of lis pendens, except that loans which the mortgagee at or before the recording of the mortgage made or agreed with the mortgagor to make on the security of the mortgage and additional loans made on the security of the mortgage pursuant to the provisions of § 34-25-1 — § 34-25-5 prior to such recording of the attachment, execution or lis pendens, together with interest thereon, and the taxes, insurance premiums and obligations of the mortgagor as the mortgagee has agreed, or which the mortgagor has given the mortgagee the right, to pay in connection with the mortgage, shall continue to have priority over the attachment, execution or lis pendens.
History of Section.
G.L. 1938, ch. 442, § 20; P.L. 1952, ch. 3018, § 1; G.L. 1956, § 34-25-3.
Terms Used In Rhode Island General Laws 34-25-3
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.