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A Practical Guide to Residential Real Estate Transactions and Foreclosures in Rhode Island

Hands-on approach, answers to your questions

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  • Product Number: 2236046WFM
  • Publication Date: 8/29/2023
  • Edition: 2nd Edition 2023
  • Copyright: © 2023 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    This comprehensive resource is full of practice-tested insight and recommendations on a wide range of condominium-related issues, such as dealing with "as built" plans, drafting and negotiating master deeds, conducting unit sales transactions, understanding distinctions between condominiums and cooperatives, and addressing the purchase, sale, leasing, and financing of commercial condominiums. Other topics include common areas and common facilities, phasing, certification requirements, tenant conflicts, transition plans, and mixed-use options.

    Recent updates:

    • Update: August 2025

      Dear Subscriber:

      Thank you for enhancing your library with the 2025 edition of Massachusetts Condominium Law. This new edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

      Highlights from among the many issues addressed in this edition include

      • taxation of reserved interests that the condominium developer conveys to third parties;
      • the relative ownership interests of condominium unit owners and the organization of unit owners;
      • whether cameras affixed to window frames are part of a common area or a condominium unit;
      • the effect of G.L. c. 184, § 23C—which prohibits unreasonable restrictions on the installation of solar energy systems—on the drafting of condominium documents;
      • the importance of clarifying the size of parking space easements and the number of vehicles entitled to use each space;
      • the advisability of preparing a site plan notwithstanding the absence of such a requirement in G.L. c. 183A;
      • the status of the Corporate Transparency Act;
      • association control of common elements such as the color of the railing for a unit's deck;
      • an amendment to G.L. c. 183A (enacted as part of the Affordable Homes Act) allowing electronic participation and voting in regular and special meetings of the organization of unit owners and the unit owners; and
      • resolution of a dispute with a unit owner in the absence of the formalities required by the condominium documents.

      We trust you will find the 2025 edition of Massachusetts Condominium Law. a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Cordially,

      MCLE Press

  • Table of Contents

    Table of Contents

    expand all
    Chapter 01 expand

    Overview of the Attorney’s Role

    Buy Chapter
    Alison L. Albanese, Esq., Citizens Financial Group
    Chapter 02 expand

    Contracts: Offer to Purchase Agreements; Notes, Memos, and Letters; and Purchase and Sales Agreements

    Buy Chapter

    Exhibit 2A

    - Greater Providence Board of REALTORS® Offer to Purchase Real Estate Agreement Form Buy Form

    Exhibit 2B

    - Rhode Island Association of REALTORS® Single-Family Purchase and Sales Agreement Buy Form

    Exhibit 2C

    - Alternative Mortgage Financing Contingency Clause Buy Form

    Exhibit 2D

    - Alternative Provision on Insurance and Risk of Loss Buy Form

    Exhibit 2E

    - Rhode Island Association of REALTORS® Real Estate Sales Disclosure Form Buy Form

    Exhibit 2F

    - Rhode Island Association of REALTORS® Seller’s Lead Disclosure Form Buy Form

    Exhibit 2G

    - Rhode Island Association of REALTORS® Mandatory Real Estate Relationship Disclosure Form Buy Form

    Exhibit 2H

    - Authority of Agent for Business Entity: Sample Provisions Buy Form
    Chapter 03 expand

    Financing a Residential Real Estate Transaction

    Buy Chapter

    Exhibit 3A

    - Good Faith Estimate Buy Form

    Exhibit 3B

    - HUD-1 Settlement Statement Buy Form

    Exhibit 3C

    - Sample Insured Closing Letter Buy Form

    Exhibit 3D

    - R.I.G.L. § 27-2.6-12, Policyholder Treatment Buy Form
    Chapter 04 expand

    The Duty to Disclose, Due Diligence, Home Inspections, Environmental and Land Use Law

    Buy Chapter
    Brian J. LaPlante, Esq., LaPlante Sowa Goldman
    Chapter 05 expand

    Title Examinations and Title Issues

    Buy Chapter
    Mark F. Comstock, Esq., Fidelity National Title Group

    Exhibit 5A

    - Affidavit of Family Facts Buy Form

    Exhibit 5B

    - Memorandum of Trust Pursuant to R.I.G.L. § 34-4-27 Buy Form

    Exhibit 5C

    - Common Real Estate Liens Quick Reference Table Buy Form
    Chapter 06 expand

    Title Insurance Basics

    Buy Chapter
    M'Liss K. Rinaldi, Esq., Fidelity National Agency Solutions

    Exhibit 6A

    - Owner’s Policy of Title Insurance Buy Form

    Exhibit 6AA

    - Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys Buy Form

    Exhibit 6B

    - Homeowner’s Policy of Title Insurance for a One- to Four-Family Residence Buy Form

    Exhibit 6BB

    - ALTA Title Insurance Arbitration Rules Buy Form

    Exhibit 6C

    - Loan Policy of Title Insurance Buy Form

    Exhibit 6CC

    - Waiver of Selection of Title Attorney Buy Form

    Exhibit 6D

    - ALTA Expanded Coverage Residential Loan Policy for a One- to Four-Family Residence Buy Form

    Exhibit 6DD

    - Notice of Availability of Owner’s Title Insurance Buy Form

    Exhibit 6E

    - ALTA Endorsement 4-06 Buy Form

    Exhibit 6F

    - ALTA Endorsement 5-06 Buy Form

    Exhibit 6G

    - ALTA Endorsement 9-06 Buy Form

    Exhibit 6H

    - ALTA Endorsement 9.1-06 Buy Form

    Exhibit 6I

    - ALTA Endorsement 9.2-06 Buy Form

    Exhibit 6J

    - ALTA Endorsement 9.3-06 Buy Form

    Exhibit 6K

    - ALTA Endorsement 10-06 Buy Form

    Exhibit 6L

    - ALTA Endorsement 10.1-06 Buy Form

    Exhibit 6M

    - ALTA Endorsement 13-06 Buy Form

    Exhibit 6N

    - ALTA Endorsement 13.1-06 Buy Form

    Exhibit 6O

    - ALTA Endorsement 14 Buy Form

    Exhibit 6P

    - ALTA Endorsement 14.1 Buy Form

    Exhibit 6Q

    - ALTA Endorsement 14.2 Buy Form

    Exhibit 6R

    - ALTA Endorsement 14.3 Buy Form

    Exhibit 6S

    - ALTA Endorsement 29-06 Buy Form

    Exhibit 6T

    - ALTA Endorsement 29.1-06 Buy Form

    Exhibit 6U

    - ALTA Endorsement 30 Buy Form

    Exhibit 6V

    - ALTA Endorsement 31-06 Buy Form

    Exhibit 6W

    - ALTA Endorsement 32 Buy Form

    Exhibit 6X

    - ALTA Endorsement 32.1 Buy Form

    Exhibit 6Y

    - ALTA Endorsement 33-06 Buy Form

    Exhibit 6Z

    - ALTA Endorsement 34-06 Buy Form
    Chapter 07 expand
    Chapter 08 expand

    Exhibit 8A

    - Rhode Island Association of REALTORS® Rhode Island Real Estate Sales Disclosure Form Buy Form

    Exhibit 8B

    - Rhode Island Association of REALTORS® Single-Family Purchase and Sales Agreement Buy Form

    Exhibit 8C

    - Real Estate Purchase Addendum Buy Form

    Exhibit 8D

    - Nonresident Seller’s Election to Have Withholding Based on Gain Buy Form

    Exhibit 8E

    - Certificate of Withholding Due Based on Nonresident Seller’s Election to Have Withholding Based on Gain Buy Form

    Exhibit 8F

    - Remittance of Withholding on Sale of Real Estate by Nonresident Buy Form

    Exhibit 8G

    - Acknowledgment of Discharge of Lien Under R.I.G.L. § 30-71.3 Buy Form

    Exhibit 8H

    - Seller’s Residency Affidavit Buy Form

    Exhibit 8I

    - Designation of Agent for Nonresident Landlord Buy Form

    Exhibit 8J

    - Release of Purchase Agreement and Disbursement of Escrow Buy Form

    Exhibit 8K

    - Letter to Buyer Buy Form

    Exhibit 8L

    - Letter to Title Attorney Buy Form

    Exhibit 8M

    - HUD-1 Settlement Statement Buy Form

    Exhibit 8N

    - Promissory Note Buy Form

    Exhibit 8O

    - Mortgage Buy Form

    Exhibit 8P

    - Affidavit to Be Signed by Seller and/or Mortgagor in Connection with Title Insurance Policy Buy Form

    Exhibit 8Q

    - Form W-9, Request for Taxpayer Identification Number and Certification Buy Form

    Exhibit 8R

    - Form 4506-T, Request for Transcript of Tax Return Buy Form

    Exhibit 8S

    - Substitute Form 1099-S, Proceeds from Real Estate Transactions Buy Form

    Exhibit 8T

    - Title Insurance Election Form Buy Form

    Exhibit 8U

    - Agreement to Reapportion Buy Form

    Exhibit 8V

    - Conflict Waiver Buy Form
    Chapter 09 expand
    Chapter 10 expand

    Foreclosure Procedure from Complaint Through Sale

    Buy Chapter

    Exhibit 10A

    - Notice of Default and Form 34-27-3.2 Buy Form

    Exhibit 10B

    - Publications List for Rhode Island Foreclosure Advertisements Buy Form

    Exhibit 10C

    - Sample Mortgage Foreclosure Advertisement Buy Form

    Exhibit 10D

    - Sample Notice to Mortgagor Buy Form

    Exhibit 10E

    - Sample Notice to Lienholder Buy Form

    Exhibit 10F

    - Sample Notice to IRS and Transmittal Letter to Mortgagors Buy Form

    Exhibit 10G

    - Cranston Foreclosure Ordinance Buy Form

    Exhibit 10H

    - Warwick Foreclosure Ordinance Buy Form

    Exhibit 10I

    - Agreement of Sale Buy Form

    Exhibit 10J

    - Additional Terms and Conditions of Sale Buy Form

    Exhibit 10K

    - Sample Foreclosure Deed Buy Form

    Exhibit 10L

    - Certification of Compliance with Mediation Requirement Buy Form
    Chapter 11 expand

    Title Issues in Foreclosure Practice

    Buy Chapter
    Michael B. Mellion, Esq., Fidelity National Title Insurance

    Exhibit 11A

    - Statutory Form Mortgage Deed Buy Form

    Exhibit 11B

    - Statutory Mortgage Condition (R.I.G.L. § 34-11-21) Buy Form

    Exhibit 11C

    - Contents and Effect of Short-Form Mortgage Deed (R.I.G.L. § 34-11-19) Buy Form

    Exhibit 11D

    - Meaning of Mortgage Covenants (R.I.G.L. § 34-11-20) Buy Form

    Exhibit 11E

    - Statutory Power of Sale (R.I.G.L. § 34-11-22) Buy Form

    Exhibit 11F

    - Table of Publication Under R.I.G.L. § 34-11-22 Buy Form

    Exhibit 11G

    - Confirmatory Assignment of Mortgage with Affidavits Buy Form

    Exhibit 11H

    - Table of Places for Notice Under R.I.G.L. §§ 34-11-22 and 34-27-4 Buy Form

    Exhibit 11I

    - Table of Daily and Nondaily Public Newspapers Buy Form

    Exhibit 11J

    - Publication of Notice Under Power of Sale (R.I.G.L. § 34-27-4) Buy Form

    Exhibit 11K

    - IRS Publication 786 Buy Form

    Exhibit 11L

    - IRS Publication 4235 Buy Form
    Chapter 12 expand

    Bankruptcy Issues Relating to Mortgages and Foreclosures

    Buy Chapter
    Chapter 13 expand

    Workouts and Related Bankruptcy Considerations

    Buy Chapter

    Exhibit 13A

    - Preworkout Letter and Audit Agreement Buy Form

    Exhibit 13B

    - Forbearance and Loan Workout Agreement Buy Form
  • Editors & Authors

    Editor(s)

    Michael B. Mellion, Esq., Fidelity National Title Insurance, Providence

    Author(s)

    Alison L. Albanese, Esq., Citizens Financial Group, Providence
    Arthur D. Brecher, Esq., Brecher, Wyner, Simons, Fox & Bolan, P.C., Newton
    Mark F. Comstock, Esq., Fidelity National Title Group, Providence
    Brian J. LaPlante, Esq., LaPlante Sowa Goldman, Cranston
    Michael B. Mellion, Esq., Fidelity National Title Insurance, Providence
    M'Liss K. Rinaldi, Esq., Fidelity National Agency Solutions, Plano
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