Rhode Island General Laws 34-20-4. Conditional judgment in action by mortgagee
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 shall be found true, the court shall, by itself or by one or more judicious and disinterested persons appointed by it, ascertain the just sum due on such mortgage; and shall thereupon render a conditional judgment, that if the mortgagor, the mortgagor’s heirs, executors, administrators, or assigns, shall pay unto the plaintiff in such action, or deposit in the clerk’s office for him or her, the sum adjudged due within two (2) months from the time of entering up judgment, with interest, then the mortgage, or deed operating as such, shall be void and discharged; otherwise the plaintiff shall have a judgment for possession.
History of Section.
C.P.A. 1905, § 434; G.L. 1909, ch. 294, § 8; G.L. 1923, ch. 344, § 8; G.L. 1938, ch. 444, § 1; G.L. 1956, § 34-20-4.
Terms Used In Rhode Island General Laws 34-20-4
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Plaintiff: The person who files the complaint in a civil lawsuit.
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10