Rhode Island Adopts Foreclosure Mediation

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On July 15, Rhode Island enacted HB 5335 to create a temporary foreclosure mediation program. Effective September 1, 2013 through July 1, 2018, the new law requires mortgagees or their servicers or agents to provide borrowers who are not more than 120 days delinquent written notice that foreclosure cannot proceed without the borrower first having an opportunity to participate in a mediation conference. The law establishes the procedures and requirements for such conferences and prohibits a mortgagee from proceeding with a foreclosure action until the mediator certifies that, after good faith effort by the mortgagee, the parties could not reach agreement.

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