Portions of Providence Municipal Foreclosure Ordinance Overturned By Charles A. Lovell, Esq.

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On May 17, 2010, Judge Lanphear of the Providence Superior Court found portions of Providence’s local foreclosure ordinance to have been preempted by state law. The court found that Providence’s attempt to bar foreclosure deeds from being recorded, where the lender had not complied with the city’s mediation requirement, violated the state-wide recording statute which requires all recorders of deeds to accept certain instruments for recording. The bar to recording was found to be disruptive of the state’s overall scheme of regulation of the conveyance of real estate and recording of instruments.

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Published In: General Business Updates, Conflict of Laws Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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