- Who sends it
- The mediation coordinator at the HUD-approved counseling agency, such as RIHousing
- What it starts
- Either the lender's right to start the sale notices, or a workout with its own 12-month warning
- Do this first
- Read which kind of certificate it is, and call Rhode Island Legal Services at 401-274-2652 if you disagree
What this certificate is in Rhode Island
R.I. Gen. Laws § 34-27-9 provides for three kinds of certificate. If the coordinator tried twice to reach you and you did not respond or did not cooperate, it issues a certificate authorizing the lender to proceed with foreclosure, after checking that the notice was sent and any penalties and fees were paid (§ 34-27-9(g)).
If the lender made a good faith effort at the conference but the two of you could not agree, the coordinator issues a certificate of that good faith effort, which also lets the lender proceed (§ 34-27-9(h)).
If you and the lender agree in writing to new terms, including a short sale or a deed in lieu, the coordinator issues a Certificate of Eligible Workout Agreement if the deal gives you a net financial benefit compared to your mortgage (§ 34-27-9(i)).
What it does and does not mean
- A certificate to proceed is not a sale date. The lender must still send the certified notice of foreclosure sale and run newspaper ads.
- The certificate must be recorded with the foreclosure deed. No foreclosure deed can be recorded until the mediation law is met, and failing to comply makes the foreclosure voidable (§ 34-27-9(g), (h), (m)).
- A certificate to proceed stays valid until the default is cured or the foreclosure is completed.
- A certificate creates a rebuttable presumption that the notice rules were met (§ 34-27-9(p)). You can still try to show they were not, but you carry the burden.
- If you sign a workout and then do not keep it, the mediation law does not apply to a foreclosure started within 12 months after the date of the workout agreement (§ 34-27-9(j)). The lender could go straight to the sale notices.
The deadlines and how to count them
- Challenging compliance: anyone who claims a foreclosure is invalid because the lender did not follow § 34-27-9 has 1 year from the date the first foreclosure notice was published to file a complaint in Superior Court for the county, record a notice of lis pendens in the land records, and serve the lender (§ 34-27-9(p)). The complaint must be filed the same day as the lis pendens or within 7 days after.
- Workout: if you received a Certificate of Eligible Workout Agreement, count 12 months from the date of the agreement. During that time, missing payments under the deal can lead to foreclosure without a new mediation.
- Sale notices: after a certificate to proceed, the certified notice of sale must be mailed at least 30 days before the first newspaper ad (R.I. Gen. Laws § 34-27-4(b)).
What to do this week
- Read the certificate's title and check which kind it is.
- If it says you did not respond and you did, gather proof: call logs, emails and copies of papers you sent the coordinator. Show them to Rhode Island Legal Services.
- If the lender rejected your proposal, ask for its detailed written reasons. The law treats a written explanation as part of good faith.
- If you have a workout, put every payment date on your calendar and keep proof of each payment.
- If no deal was reached, keep working with your HUD-approved counselor and send a complete loss mitigation application to the servicer while there is still time before a sale.
Free help in Rhode Island
RIHousing's HelpCenter at 401-457-1130 offers free HUD-approved counseling, and its Mediation Coordinator is at 401-457-1213. Rhode Island Legal Services at 401-274-2652 can check whether the mediation law was followed. See the Rhode Island foreclosure help page and Rhode Island foreclosure mediation.
- Do not pay anyone to "reopen" mediation for you. Talk to legal aid or your counselor instead.
The rest of the Rhode Island process
See how foreclosure works in Rhode Island, the timeline, ways to stop it and free help in Rhode Island.
Common questions
Can a Rhode Island lender record a foreclosure deed without a mediation certificate?
Not unless the mediation law is satisfied. § 34-27-9(m) bars recording the deed until the requirements are met and makes a foreclosure that skips them voidable. Certain Rhode Island-based lenders can instead certify compliance in the deed (§ 34-27-9(l)).
How long do I have to challenge a foreclosure for skipped mediation?
One year from the date the first foreclosure notice was published. You must file in Superior Court, record a lis pendens and serve the lender within that year (R.I. Gen. Laws § 34-27-9(p)).
What happens if I miss payments under a workout from mediation?
If the coordinator issued a Certificate of Eligible Workout Agreement, the mediation law does not apply to a foreclosure started within 12 months after the agreement date (§ 34-27-9(j)). Call your servicer and counselor at once if you fall behind.
Other Rhode Island letters
- Notice of Mediation ConferenceBefore a Rhode Island lender can start a foreclosure sale on the home you live in, it must mail you a notice that it may not foreclose without first taking part in a mediation conference. A coordinator from a HUD-approved counseling agency then sets a free conference, which must happen within 60 days after the notice is mailed. If you do not respond, the lender can go ahead.
- Notice of Foreclosure Sale (certified mail notice of the time and place of sale)In Rhode Island, a power of sale foreclosure notice is not valid unless you were mailed written notice of the time and place of sale by certified mail at least 30 days before the first newspaper ad. The ad then runs weekly for 3 weeks, starting at least 21 days before the auction. The letter must also explain extra rights for servicemembers.
- Notice of Termination of Tenancy (notice to leave after a foreclosure sale)After a Rhode Island foreclosure sale, a foreclosing owner that wants to remove a former owner must follow the rules for ending a month-to-month tenancy. That means a written notice delivered at least 30 days before the date in it. If you have not left by then, the owner must file an eviction case and win before you can be removed.