Rhode Island General Laws 34-25-8. Open-end mortgages
Whenever a mortgage deed in statutory form or other form mortgaging real property is clearly entitled at the beginning thereof “Open-end mortgage to secure present and future loans under chapter 25 of Title 34” and in all other respects complies with the requirements of § 34-25-9, the mortgage deed shall be security from the time of its recording in the records for recording real estate mortgages in the city or town in which the real property mortgaged therein is located for all mortgage debt secured thereby at the time of recording and for all future advances secured thereby in an aggregate principal amount outstanding at any time not to exceed the stated amount of such mortgage deed, whether or not the future advances are agreed to be made at the time of recording such mortgage deed and whether or not the mortgages readvances principal sums repaid. The mortgage shall also be security for interest, taxes, insurance premiums and such other obligations as are undertaken by the mortgagor in the mortgage deed or in the note or notes or agreement secured thereby, notwithstanding that the interest, taxes, insurance premiums and other obligations, when added to the total principal amount of such loans outstanding at any time may cause the amount secured by the mortgage deed to exceed the stated maximum amount. The application of this section shall be retroactive to June 1, 1983.
History of Section.
P.L. 1983, ch. 230, § 1; P.L. 1984, ch. 238, § 1.
Terms Used In Rhode Island General Laws 34-25-8
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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