Twenty Eleven, LLC v. Botelho | RI SC - a condo foreclosure sale conducted pursuant to the RI Condo Act extinguishes a prior-recorded first mortgage on the unit following the mortgagee’s failure to exercise the right of redemption...

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Twenty Eleven, LLC v. Botelho | RI SC – a condo foreclosure sale conducted pursuant to the RI Condo Act extinguishes a prior-recorded first mortgage on the unit following the mortgagee’s failure to exercise the right of redemption…

Twenty Eleven, LLC v. Botelho | RI SC – a condo foreclosure sale conducted pursuant to the RI Condo Act extinguishes a prior-recorded first mortgage on the unit following the mortgagee’s failure to exercise the right of redemption…

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In 2011, Plaintiff purchased a condominium unit at a condominium association lien foreclosure sale. In 2013, Plaintiff filed suit seeking to quiet title to the unit in his name. Plaintiff also sought declaratory and injunctive relief to prevent a foreclosure by Defendant, the prior owner’s first mortgage holder. The superior court dismissed Plaintiff’s complaint for failure to state a claim, concluding that Plaintiff took title to the property subject to Defendant’s mortgage. The Supreme Court reversed, holding that a condominium foreclosure sale conducted pursuant to the Rhode Island Condominium Act extinguishes a prior-recorded first mortgage on the unit following the mortgagee’s failure to exercise the right of redemption provided for in R.I. Gen. Laws 34-36.1-3.21(c). Remanded.

 

TITLE OF CASE: Twenty Eleven, LLC v. Michael J. Botelho et al.
CASE NO: No. 2014-10-Appeal.
(KC 13-432)
COURT: Supreme Court
DATE OPINION FILED: December 4, 2015
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: Associate Justice Gilbert V. Indeglia
SOURCE OF APPEAL: Kent County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Stephen P. Nugent
ATTORNEYS ON APPEAL:
For Plaintiff: Frank A. Lombardi, Esq.
For Defendant: Peter F. Carr, III, Esq.

 

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