State Foreclosure Law

Rhode Island Foreclosure Laws

Rhode Island is a DUAL-TRACK state allowing both judicial and non-judicial foreclosure. Non-judicial power of sale (R.I. Gen. Laws § 34-27-1 et seq.) is the dominant method.

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$500,000

Automatic · the rule §

Deficiency Judgment

Allowed

Allowed §

39 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Rhode Island foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Rhode Island-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Rhode Island foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Rhode Island
10 National foreclosure guides
11 Rhode Island distress data

Governing Statutes

Citation	Title	Covers
R.I. Gen. Laws § 34-27-1 et seq.	Power of Sale Foreclosure	Primary framework for non-judicial foreclosure by power of sale. Governs the notice requirements, publication, sale procedures, and rights of the parties. As amended by the 2013 Foreclosure Act (P.L. 2013, ch. 128) which created the standardized statutory power of sale process.
R.I. Gen. Laws § 34-25.2-1 et seq.	Home Loan Protection Act	Consumer protection law governing high-cost home loans. Requires additional disclosures and restrictions on predatory lending practices. Provides borrower protections and potential defenses to foreclosure for covered loans.
R.I. Gen. Laws § 34-27-9	Mediation Conference	Before a power-of-sale foreclosure of an individual consumer first-lien mortgage on an owner-occupied, one- to four-unit primary residence, the lender must send written notice that it may not foreclose without first participating in a mediation conference run by a HUD-approved counseling agency. Reinstated in 2024 from former § 34-27-3.2.
R.I. Gen. Laws § 34-27-4	Notice of Sale Requirements	Governs the publication and mailing requirements for notice of foreclosure sale. Requires publication in a newspaper once a week for 3 successive weeks (the last publication at least 7 days before sale). Mailing to borrower required.
R.I. Gen. Laws § 9-26-4.1	Homestead Exemption	Establishes a $500,000 homestead exemption protecting equity in the primary residence from judgment creditors. Does not protect against mortgage foreclosure.
R.I. Gen. Laws § 5-79-1 et seq.	Mortgage Foreclosure Consultant Regulation	Regulates foreclosure rescue consultants. Requires a written contract that discloses the consultant's services and fees, lets the owner cancel until midnight of the third business day after signing, bars the consultant from collecting fees before finishing its services, acquiring an interest in the home, or taking a power of attorney, and sets criminal penalties for violations.

Rhode Island Foreclosure Process and Your Rights

Rhode Island uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

After the sale: Rhode Island does NOT have a statutory post-sale redemption period after a power-of-sale foreclosure: the law makes a completed sale a permanent bar to the homeowner's claim to the property. Once the foreclosure sale is completed and the deed is recorded, title transfers to the purchaser. Your opportunity to save the home usually ends at the foreclosure sale. §
Homestead exemption: $500,000. Protects up to $500,000 of equity in your primary residence from many judgment creditors, with exceptions that include mortgage debt and debts owed to a federally insured deposit-taking institution or a person regulated or licensed under title 19. Does NOT stop mortgage foreclosure. §
Mediation: Rhode Island has a statewide foreclosure mediation program: the Foreclosure Mediation Conference. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Rhode Island foreclosure guide →

Special Foreclosure Types in Rhode Island

Beyond the standard non-judicial foreclosure process, Rhode Island law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

Condominium association assessment liens may be foreclosed in Rhode Island. §

Check the governing documents and Rhode Island Condominium Act (R.I. Gen. Laws § 34-36.1) for specific procedures.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Rhode Island. §

Municipalities can sell tax liens at tax sale.

Lien Priority in Rhode Island

Generally first in time, first in right under Rhode Island recording statutes.

Condominium assessment liens may have limited priority over the first mortgage under R.I. Gen. Laws § 34-36.1. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Rhode Island

Mortgage Foreclosure

Varies §

Rhode Island's mortgage-specific limit (R.I. Gen. Laws § 34-26-7) bars exercising a power of sale or starting a foreclosure on most mortgages after 35 years from the mortgage's recording or, if the mortgage states a term or maturity date, five years after that date, unless an extension or the lender's affidavit that the mortgage is unpaid is recorded first. Separately, a suit to enforce a note payable at a definite time generally must be brought within six years after the due date or accelerated due date (§ 6A-3-118(a)), and other civil actions generally within ten years (§ 9-1-13(a)). Consult a local attorney.

Written Contracts

10 years

Promissory Note

6 years §

Deficiency Judgment

Varies §

No specific statute identified for deficiency judgment actions. A suit to enforce a note payable at a definite time generally must be brought within six years after the due date or, if the loan was accelerated, the accelerated due date (R.I. Gen. Laws § 6A-3-118(a)). Consult a local attorney.

Probate & Inheritance in Rhode Island

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Rhode Island law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the personal representative or estate of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

No specific statutory right for executors to reinstate.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Rhode Island

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Rhode Island.

UDAP Statute

Rhode Island Deceptive Trade Practices Act

Prohibits deceptive and unfair business practices.

Foreclosure Rescue Fraud Laws

Rhode Island's Mortgage Foreclosure Consultant Regulation law (R.I. Gen. Laws § 5-79-1 et seq.) specifically regulates foreclosure rescue consultants.

Requires written contracts, a right to cancel until midnight of the third business day after signing, bars acquiring an interest in the home or taking a power of attorney, criminal penalties. Additionally, the Deceptive Trade Practices Act applies.

Attorney Advertising Rules

Rhode Island Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Rhode Island-specific lead generation statute for foreclosure defense identified beyond the Mortgage Foreclosure Consultant Act and professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Rhode Island professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Rhode Island

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Rhode Island Legal Services (RILS)

Free civil legal services for low-income Rhode Island residents, including housing and foreclosure defense. Income eligibility requirements apply. Multilingual staff available.
rils.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Rhode Island. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Rhode Island →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Rhode Island Legal Services (RILS)

Free legal assistance for low-income Rhode Island residents statewide.
401-274-2652 →
📞

Rhode Island Housing (RIHousing)

State housing programs and homeownership preservation referrals. The Homeowner Assistance Fund (HAF) is closed to new applications.
401-457-1234 →
📞

Rhode Island Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
401-274-4400 →
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Rhode Island 2-1-1

Statewide referral service for housing, utility (LIHEAP), and social service assistance.
2-1-1 →
📋

Rhode Island Bar Association Lawyer Referral Service

State bar lawyer referral service.
ribar.com →
🎓

Rhode Island Bar Association Pro Bono Program

Provides pro bono legal representation for qualifying low-income residents including housing matters.
ribar.com →

Find Help in Rhode Island

We maintain a verified directory of free and low-cost help providers in Rhode Island. All are government-approved or federally funded.

5 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 39 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 46 Debtor education providers Required post-filing debtor education courses

Browse all 91 providers in Rhode Island →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Rhode Island.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Rhode Island Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Rhode Island homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Rhode Island mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).