Rhode Island General Laws 5-80-1. Definitions
As used for § 5-80-1 — § 5-80-9:
(a) “Foreclosed homeowner” means an owner of residential real property, including a condominium, that is the primary residence of the owner and whose mortgage on the real property is or was in foreclosure.
(b) “Foreclosure conveyance” means a transaction involving:
(1) The transfer of title to real property by a foreclosed homeowner during a foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or by creation of a mortgage or other lien or encumbrance during the foreclosure process that allows the acquirer to obtain title to the property by redeeming the property as a junior lienholder; and
(2) The subsequent conveyance, or promise of a subsequent conveyance, of an interest back to the foreclosed homeowner by the acquirer or a person acting in participation with the acquirer that allows the foreclosed homeowner to possess the real property following the completion of the foreclosure proceeding, which interest includes but is not limited to, an interest in a contract for deed, purchase agreement, option to purchase, or lease.
(c) “Foreclosure purchaser” means a person who has acted as the acquirer in more than four (4) foreclosure reconveyances during any twenty-four-month (24) period. “Foreclosure purchaser” also includes a person who has acted in joint venture or joint enterprise with one or more acquirers in more than four (4) foreclosure reconveyances during any twenty-four-month (24) period. A federal or state chartered bank, savings bank, thrift, or credit union is not a foreclosure purchaser.
(d) “Resale” means a bona fide market sale of the property subject to the foreclosure reconveyance by the foreclosure purchaser to an unaffiliated third-party.
(e) “Resale price” means the gross sale price of the property on resale.
History of Section.
P.L. 2006, ch. 242, § 2; P.L. 2006, ch. 287, § 2.
Terms Used In Rhode Island General Laws 5-80-1
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.