Title 34, Title 34 Title 34

In every action for possession of any real estate mortgaged, in which the defendant by his or her answer shall aver a right of redemption in himself or herself or in the person under whom the defendant claims, which averment shall not be denied by the plaintiff, or if denied shal…

Whenever any goods or chattels of more than five thousand dollars ($5,000) value shall be unlawfully taken or unlawfully detained from the owner or from the person entitled to the possession thereof, and whenever any goods or chattels of that value, which are attached on mesne pr…

If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea, the plaintiff shall recover from the defendant reasonable damages for the taking and detention of the goods and chattels, and costs; provided, that no costs shall be taxed against a defendant b…

If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea for part of the goods replevied, and shall fail to make it good as to the other part, the plaintiff shall have judgment for reasonable damages for the taking and detention of the part adjudged t…

Whenever the goods and chattels replevied shall have been taken on execution or warrant of distress, they shall, in case of a judgment of return and restoration, be held responsible for the space of twenty (20) days after the return thereof; if on mesne process, until thirty (30)…

Whenever any action of replevin shall be brought against an officer who has taken or attached goods and chattels at the suit of a creditor, the creditor shall have the right to assume the defense of the suit upon indemnifying the officer against damages and costs therein, and the…

The district court may issue writs of replevin where the goods and chattels to be replevied are valued at five thousand dollars ($5,000) or less, and venue of the action may be in any division of the district court where they were taken, attached or detained. The court may also t…

If any deputy sheriff is a party to the suit, then the writ shall be directed to and served by either of the town sergeants or constables in the county in which the same is to be served.

The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff, or from someone in his or her behalf, a bond to the defendant, with sufficient sureties, or a surety company authorized to do business in this state, in double the value…

The officer taking any goods or chattels by virtue of a writ of replevin shall not surrender or deliver the writ to the plaintiff until the amount of the plaintiff’s bond and the sufficiency of the surety shall have been approved by the court to which the writ is returnable. Ever…

In case the defendant shall at any time pending the writ of replevin be dissatisfied with the amount of the sureties or the surety company in the bond, the court before which the writ is pending may, on the defendant’s motion and for cause shown, in its discretion order the plain…

Whenever any plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may, upon complaint, have judgment for a return and restoration of the goods and chattels replevied, and reasonable damages for the taking, with such reasonable costs as shall be adjud…

If, upon trial of the writ of replevin, judgment is rendered for a return and restoration, the defendant shall recover his or her reasonable damages with costs of suit.

The writ of return and restoration shall be substantially as follows: THE STATE OF RHODE ISLAND. SC. (SEAL) To the sheriffs and certified constables of our several counties, or to their deputies, Greeting: Whereas ............... of .......... in the county of .......... lately r…

A person to whom any power of appointment, or power of apportionment, or any other power, whether coupled with an interest or not, is given, may disclaim or renounce the whole, or any part, of that power to the extent that the power has not been exercised by that person, and may …

No person shall be deemed for the purposes of §§ 34-22-8 and 34-22-9 to have actual notice of the death of any donor of any power of attorney given by a member of the military by reason only of a report to the effect that the donor is missing or is missing and believed to be kill…

In the construction of any will of a person who dies, or of a deed of trust executed and becoming effective before May 1, 1958, which instrument shall create a power to appoint by will, unlimited as to the persons to whom the donee of the power may appoint, the instrument shall b…

In the construction of any will of a person who dies, or of a deed of trust executed and becoming effective after May 1, 1958, which instrument shall create a power to appoint by will, unlimited as to the persons to whom the donee of the power may appoint, the instrument shall be…

Except to the extent that a donee shall appoint to his or her estate or to his or her creditors, §§ 34-22-11 and 34-22-12 shall not be construed to subject to the claims of creditors of the donee the property which the donee is authorized to appoint.

The provisions of §§ 34-22-11 — 34-22-14 are hereby declared to be severable; and in case any part, section or provision of §§ 34-22-11 — 34-22-14 are held invalid by any court of competent jurisdiction, the remaining parts, sections and provisions of §§ 34-22-11 — 34-22-14 shall…

Any renunciation or disclaimer shall be valid and effective according to its terms when signed by the person disclaiming or renouncing the power and delivered to any other person having any legal or equitable interest, vested or contingent, in the property subject to the power; p…

A person to whom any power, whether or not coupled with an interest, is given, may release, or contract not to exercise, the power, unless prevented from so doing by the terms of the power.

Any power of appointment or power of apportionment or any other power, whether or not coupled with an interest, unless it is otherwise expressly provided by the terms of the power, may be released in whole or in part by the donee or donees of the power, or the donee or donees of …

The general assembly hereby declares that § 34-22-4 is declaratory of the meaning of § 34-22-3.

The donee of a power of attorney may, under and within the authority of the power, if he or she thinks fit, execute or do any assurance, instrument, or thing in and with his or her own name and signature, and, where sealing is required, with his or her own seal; and every assuran…

(a) Whenever a donor of a power of attorney designates another his or her attorney in fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney shall not be affected by the incompetency of the donor”, or “This power of attorney sha…

Any person, making any payment in good faith in pursuance of a power of attorney, shall not be liable, in respect of the payment, by reason that before the payment the donor of the power had died or become of unsound mind or bankrupt, or had revoked the power, if the fact of deat…

Any person seventeen (17) years old or over may give a power of attorney to be exercised during the period during which the donor is engaged in active service with the military, air, or naval forces of the United States or in the American merchant marine during any war, declared …

Notwithstanding the revocation of any power of attorney given by a member of the military, whether by act of the donor of the power or by operation of law, any act done or instrument executed by the donee of the power shall be as valid and effectual in favor of any person dealing…

When a deed purports to contain an absolute conveyance of real estate but is made defeasible by a deed, bond or other instrument, the original deed shall not be thereby affected as against any person, other than the maker of the instrument of defeasance and his or her heirs and d…

All real estates, conveyed or pledged by mortgage or deed of bargain and sale with defeasance, shall be redeemable by the mortgagor or vendor, his or her heirs, executors, administrators, successors, or assigns, on paying the money borrowed thereon, with interest, or by performin…

No mortgagor, his or her heirs, executors, administrators, successors, or assigns shall be allowed to redeem any mortgaged real estate, but shall be forever barred and foreclosed of all equity and right of redemption therein, unless the mortgagor, his or her heirs, executors, adm…

Whenever possession shall be taken in the presence of witnesses as provided in § 34-23-3, they shall give to the mortgagee, or other person taking possession under him or her, a certificate of the possession being taken; and the person delivering possession shall acknowledge the …

(a) Every bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing thereon dwelling houses of not more than four (4) …

In the event any brokerage fees, loan fees, points, finders’ fees, origination fees, or any similar charges shall be imposed on any secured mortgage loan on real estate containing thereon dwelling houses of not more than four (4) dwelling units, those charges shall not be subject…

An assignment of or an agreement affecting any rights or interests of a landlord or owner of premises occupied by a tenant or person planting on shares, or an agreement to subordinate a prior lien or encumbrance on real property, may be recorded in the land records in the office …

(a) Whenever a mortgage deed in statutory form or other form mortgaging real property is entitled at the beginning thereof “Mortgage to secure present and future loans under §§ 34-25-1 — 34-25-5” and contains in its provisions a provision to the effect that it is intended to secu…

(a) The mortgage deed and the rights established therein, shall, to the extent of the loans secured thereby, and interest, taxes, insurance premiums and other obligations as secured thereby, have full priority over all mortgages, liens and encumbrances which have not been recorde…

If the mortgagor desires to terminate the privilege of having the mortgage constitute security for further future advances in addition to all advances theretofore made by the mortgagee on the security of the mortgage, and desires to establish the then principal amount of loans ou…

(a) Notwithstanding the provisions of § 34-26-2, no mortgagee under an open-end mortgage subject to this chapter shall be obligated to discharge the mortgage until the mortgagee receives full satisfaction for the money due thereon and receives such written agreements as the mortg…

(a) “Mortgage,” as used in §§ 34-25-8 — 34-25-14, means a real estate mortgage deed or real estate mortgage instrument entitled, “Open-end mortgage to secure present and future loans under chapter 25 of title 34”, and which includes in its provisions the terms and elements set fo…

(a) Domestic building-loan associations, whether organized by special act of the general assembly or pursuant to the provisions of chapter 22 of title 19, foreign building-loan associations subject to the provisions of chapter 24 of title 19, savings and loan associations organiz…

The mortgage and the rights established therein shall, to the extent of the loans secured thereby, and interest, taxes, insurance premiums, and other obligations secured thereby, have full priority over all mortgages, liens and encumbrances which have not been recorded prior to s…

If, after the recording of the mortgage, any writ of attachment attaching the real estate mortgaged under the mortgage or any execution against the real estate or any notice of lis pendens affecting the real estate is recorded in the records of the city or town, loans on the secu…

If the mortgagor shall desire that the privilege shall be terminated of having the mortgage constitute security for further loans in addition to the loans which the mortgagee at or before the recording of the mortgage made or agreed with the mortgagor to make on the security of t…

(a) “Mortgage,” as used in §§ 34-25-1 — 34-25-5, means a real estate, mortgage deed or real estate mortgage instrument entitled “Mortgage to secure present and future loans under §§ 34-25-1 — 34-25-5,” and which includes in its provisions the aforesaid provision to the effect tha…