830 R.I. Code R. 830-RICR-10-05-2.12

Current through December 3, 2024
Section 830-RICR-10-05-2.12 - Notice and Mortgage Holder Consent

R.I. Gen. Laws Chapter 39-26.5 requires that commercial property owners provide notice to all existing lienholders prior to the placing of the lien and to receive the consent of all existing holders of mortgages or deeds of trust on the property prior to the recording of the C-PACE assessment lien, which with such consent will be senior in priority to all mortgages on the property. The RI C-PACE lien shall take precedence over all other liens or encumbrances except a lien for taxes of the municipality on real property. To the extent RI C-PACE assessments are paid in installments and any such installment is not paid when due, the RI C-PACE assessment lien may be foreclosed to the extent of any unpaid installment payments and any penalties, interest, and fees related thereto. In the event such RI C-PACE assessment lien is foreclosed, including foreclosures resulting from tax sales, such RI C-PACE assessment lien shall survive the judgment of foreclosure to the extent of any unpaid installment payments of the RI C-PACE assessment secured by such RI C-PACE assessment lien that were not the subject of such judgment.

830 R.I. Code R. 830-RICR-10-05-2.12