WeVote
Log In

Bill

Bill

SB 3361

AN ACT RELATING TO PROPERTY -- MORTGAGE FORECLOSURE AND SALE

2026 Regular Session Introduced by Bob Britto and 6 co-sponsors

Modernizes foreclosure notices by allowing First Class/overnight mail and strengthens protections to stay or adjust foreclosures for active-duty servicemembers.

06/24/2026 Signed by Governor
0
WeVote Research Nonpartisan
Bill Summary · SB 3361

Overview

  • Bill: SB 3361
  • Session: 2026 (Rhode Island)
  • Jurisdiction: Rhode Island
  • Title: AN ACT RELATING TO PROPERTY -- MORTGAGE FORECLOSURE AND SALE
  • Purpose: To modify requirements related to notice of foreclosure sales and to enhance protections for active-duty servicemembers facing mortgage foreclosure.

Main purpose and intent

  • Align foreclosure notice requirements with modern practice by allowing alternative mailing methods.
  • Strengthen statutory protections for servicemembers on active duty or deployment from foreclosure actions that may affect their interests during or shortly after service.

Key provisions and changes

  1. Publication and notice of sale

    • Repeals the strict requirement that the notice of sale be sent only via certified mail for publication of the sale by power of sale.
    • Maintains traditional publication requirements for real estate foreclosures but adds flexibility for delivery of the notice to the mortgagor.
    • The notice of sale and related adjournments must still be published in a public newspaper for three successive weeks, with specific timing:
      • First publication at least 21 days before the sale.
      • Third publication no fewer than 7 days before the sale.
      • Sale must occur no more than 14 days after the third publication, with limited adjustments if adjourned within the same week.

  2. Service of notice to the mortgagor

    • Requires that the mortgagor be mailed written notice of the time and place of sale by certified mail return receipt requested OR by First Class Mail and/or overnight delivery service.
    • Timing:
      • At least 20 days prior to the first publication for non-individuals (e.g., business entities).
      • At least 30 days prior for individual consumer mortgagors.
      • The mailing occurs in addition to, not instead of, other notice requirements.
    • The mortgagee must include in the foreclosure deed an affidavit of compliance with this provision.

  3. Notice to servicemembers (subsection (d))

    • Requires that the mailed notice also include a copy of the subsection about servicemembers’ rights, printed in specified type sizes.
    • Provides specific language warning servicemembers of active duty or deployment about rights under the act and advising to notify the servicer or attorney conducting the foreclosure.

  4. Foreclosure protections for servicemembers

    • Definitions:
      • “Servicemember” includes Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, and National Guard/Reserves called to active duty.
      • “Active duty” aligns with federal definitions (10 U.S.C. § 12301 et seq.) and includes certain National Guard/Reservist activations.
    • Applicability: Applies to obligations that originated before active service and are secured by a mortgage or mortgage-like instrument. Stay and relief
    • If mortgagor provides written notice of active duty or deployment (or notice was received within 9 months after such duty), the mortgagee is barred from proceeding with sale for the 9-month period, unless court approval is obtained. Stay of foreclosure proceedings and adjustment
    • If foreclosure proceeds during or within 9 months after service, the servicemember or authorized representative may petition for a stay after a hearing.
    • The court may stay proceedings or adjust the obligation to preserve the interests of all parties, as permitted by law. Validity of sale/foreclosure
    • Foreclosure or sale during the protected window is not valid unless a court order is granted before the sale or the sale occurs under an agreement of all parties. Penalties
    • If a mortgagee knowingly conducts a sale/foreclosure in violation of these protections, penalties include a fine of up to $1,000, imprisonment for up to one year, or both. Additional remedies for wrongful actions remain available. Petition process
    • Any petition under this section must be filed in the Rhode Island Superior Court in the county where the property is located and is intended to be heard on an expedited basis.

  5. Effective date

    • The act would take effect upon passage.

Who would be affected

  • Mortgagors (owners of real estate secured by mortgage) receiving foreclosure notices, including both individual consumers and non-individuals (e.g., businesses).
  • Servicemembers on active duty or deployment whose mortgage obligations were originated before service and are secured by property.
  • Mortgagees/foreclosing entities, which must comply with updated notice methods and servicemembers protections.
  • Courts (Superior Court) for expeditious handling of servicemembers’ petitions.

Procedural and timeline aspects

  • Notice and publication deadlines are specified for accuracy and predictability in foreclosure timelines.
  • Servicemembers protection window: 9-month stay from the start of active duty/deployment, with potential court-approved adjustments.
  • Petitions for relief are to be filed in the Superior Court with expedited scheduling.
  • Compliance affidavits must accompany the foreclosure deed.
  • Effective date: immediate upon passage (no retroactive delays specified).

Summary

SB 3361 modernizes Rhode Island’s foreclosure notice framework by allowing First Class Mail and overnight delivery (in addition to certified mail) for notices to mortgagors and clarifies enhanced protections for active-duty servicemembers facing foreclosure. It adds explicit rights and procedural mechanisms to stay or adjust foreclosures during or after military service and establishes penalties for violations. This aims to balance prompt foreclosure processes with safeguards for servicemembers and clearer notice requirements for borrowers.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.