The Mediation Lock: R.I. Gen. Laws § 34-27-9
The Reality: In Rhode Island, a lender cannot record a foreclosure deed without a certificate from a mediation coordinator. If the lender fails to offer a mediation conference or participate in "good faith," the entire foreclosure is legally **VOID**. This program has been permanently extended through 2026, serving as the primary shield for owner-occupants.
SYSTEM TYPE
NON-JUDICIAL
MEDIATED
MEDIATED
The Rhode Island Timeline
While the process is non-judicial, the state imposes strict notice requirements that must be met before the auctioneer can strike the gavel.
| Stage | Timing | The Authority Detail |
|---|---|---|
| Notice of Default | 120 Days Delinquent | Federal law mandates a 120-day wait before the official state process begins. |
| Mediation Notice | Before Sale | Lender must send notice of your right to a Mediation Conference (HUD-approved counseling). |
| Notice of Sale | 30 Days Before Sale | Must be mailed to you and published in a county newspaper for 3 consecutive weeks. |
| The Auction | Day 30+ of Notice | Public auction held. Rhode Island has NO right of redemption after the sale. |
Authority FAQ: Rhode Island 2026
Does the bank need the "Original Note" to foreclose?
No. Following the 2025 R.I. Supreme Court ruling in *Mallory v. Porch Swing Holdings*, a mortgagee does not need to physically possess the original promissory note to exercise the power of sale, provided they hold a valid assignment of the mortgage.
What is the "Void" vs "Voidable" distinction?
In many states, errors make a sale "voidable" (you have to sue to stop it). In Rhode Island, failure to follow mediation statutes makes the sale void as a matter of law, meaning the bank never actually transferred the title.
Can I stay in the home after the sale?
Once the sale is recorded, the new owner must give you a **20-day Notice to Quit**. If you remain, they must initiate a "Summary Process" eviction in court. You are given a hearing date and another 20 days to answer.