Mortgage Creditors Confront Five Year Extension of Mandatory Pre-Foreclosure Mediation Process in Rhode Island
2 min read
Jun 20, 2018
The Rhode Island Senate recently approved a five-year extension of R.I. Gen. Laws § 34-27-3.2, which had established a mandatory mediation program any out-of-state mortgagee must follow before initiating foreclosure on owner-occupied, residential property. The current law is set to expire on July 1, 2018. If approved by the House, Senate Bill 2270 will extend the expiration date to July 1, 2023. Companion legislation, House Bill 7385, which sought to repeal the sunset clause thereby removing rather than extending the expiration date, has stalled. Rhode Island Banking Regulation 5, which clarifies mortgagees' duties under § 34-27-3.2 and the consequences of a mortgagee's failure to comply with the law and regulation, would likewise cease if the law expires.
Under the law and regulation, prior to initiating foreclosure, a mortgagee must mail the mortgagor written notice confirming that the mortgagee may not foreclose without first participating in a mediation conference with a counseling agency approved by the U.S. Department of Housing and Urban Development (HUD). A mortgagee must pay a $1,000 per month penalty if it fails to mail the notice within 120 days after the date of default or within 60 days after the loan is no longer protected by a bankruptcy stay or other laws or orders. To start the 60-day timeline for scheduling a mediation conference, the mortgagee must provide the HUD approved mediation coordinator with a copy of the notice, a single point of contact for the mortgagee, and payment for initiating the mediation process.
The current law requires the mortgagee to compensate the HUD-approved agency at a rate not to exceed $500 per "engagement." Senate Bill 2270 proposes to amend the law to provide that the mortgagee shall pay the HUD-approved agency a filing fee not to exceed $100 per mediation engagement and shall compensate the agency at a rate not to exceed $500 per mediation. The mediation process does not charge the mortgagor.
The mortgagee may not proceed with foreclosure until the mediation coordinator issues a Certificate of Compliance with Mediation Requirement, and failure to comply with § 34-27-3.2 renders a foreclosure voidable. Where a mortgagor responds and participates in mediation, a certificate may not be issued unless the mediation coordinator determines that after a good faith effort by the mortgagee, the parties cannot come to an agreement to renegotiate the terms of the loan to avoid foreclosure.
Hinshaw will continue to monitor this legislation as it progresses through the Rhode Island state legislature.
Related Capabilities
Featured Insights

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 17, 2026
Federal and State Regulators Continue Crackdown on Junk Fees

Press Release
Sep 17, 2026
Defense Verdict Reduces $134 Million Demand to $2 Million in Catastrophic Motorcycle Injury Case

Insights for Insurers Alert
Sep 16, 2026
America 250: The Nation’s Unique Contributions to Insurance Coverage Law and Litigation

In The News
Sep 15, 2026
Lucy Wang Discusses the California Insurance Commissioner’s Role in Protecting Consumers

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

