Bulletin: RI2013002

Dear Associates:

Rhode Island has non-judicial foreclosures and foreclosure advertisements are governed by R.I.G.L. § 34-11-22. Among other things, this section specifies that foreclosures initiated in Washington County (including Block Island) must be advertised in either a daily newspaper published in the county or in the Providence Journal. The only daily newspaper published in the county was the Westerly Sun and some local foreclosures were advertised there. Unbeknownst to most people, the Westerly Sun moved its offices to Pawcatuck Connecticut on August 8, 2012. As of that date the Sun no longer qualified as a daily newspaper published in the county. Consequently, foreclosures advertised in the Sun after that date are invalid under R.I.G.L. § 34-11-22. The only remedy would be to again foreclose with a proper foreclosure advertisement. See Beaufort v. Warwick Credit Union 437 A 2d 1375, 1378 (R.I. 1981) where the R.I. Supreme Court adopted the “home office rule” as to the publishing of newspapers.

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