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Rhode Island Real Estate Lawyer Blog

State’s Supreme Court Upholds Homeowners’ Challenge of Mortgage Assignment
Bilodeau Capalbo, LLC

In a real estate case before Rhode Island’s Supreme Court, the court considered the validity of the assignment of a mortgage in a foreclosure action. Evidently, in 1984, the defendants obtained title to a house in Cranston, Rhode Island. In 2006, the defendants executed a promissory note to a mortgage company, Zurich Mortgage Solutions, for…

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Rhode Island Supreme Court Hears Estate Administration Case
Bilodeau Capalbo, LLC

The Rhode Island Supreme Court recently decided a case involving an extended Rhode Island probate dispute. According to the court’s opinion, in 2005, the plaintiff was involved in a dispute over the designation of guardianship of her aunt before her aunt passed away. After the plaintiff’s aunt passed, the dispute was over the administration of…

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Adverse Possession Claims in Rhode Island
Bilodeau Capalbo, LLC

One of the most fundamental rights of Rhode Island property ownership is the ability to exclude trespassers from your property. However, if a landowner is not careful, continuous trespassers may be able to claim an ownership right in the property if they can meet the elements of a Rhode Island adverse possession claim. The adverse…

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Do Rhode Island Landowner’s Need Approval to Subdivide Their Property?
Bilodeau Capalbo, LLC

The laws and regulations that apply to subdivisions of land vary by the locality and the specifications of the property, making some Rhode Island real estate disputes quite complex. The high court in neighboring Massachusetts confronted these complexities when it decided a case involving the subdivision of land that took place in 1964. Evidently, in…

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Rhode Island Court Rejects Landowner’s Claim that Tax Was Illegal Assessment
Bilodeau Capalbo, LLC

In May 2019, a state appellate court issued a written opinion in a Rhode Island real estate case discussing the plaintiff’s claim that a tax levied against the plaintiff’s property was illegal. However, the court determined that the tax was not illegal, but technically an “overassessment,” and that the plaintiff failed to timely file a…

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Rhode Island Court Hears Custody Dispute over Pets
Bilodeau Capalbo, LLC

Last month, the state’s high court issued an opinion in a Rhode Island family law case discussing a marital settlement agreement and whether Husband was entitled to visitation with two dogs. While at first glance the case may seem narrowly focused, it provides valuable insight regarding Rhode Island marital settlement agreements and how courts interpret…

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What a Rhode Island Homeowner Can Do to Fight Off a Foreclosure
Bilodeau Capalbo, LLC

For most people, their home is their most valuable asset. However, when circumstances unexpectedly change, many people find that it is challenging to keep up with a mortgage, utilities, and the other expenses of maintaining a home. If a mortgage goes unpaid, the lending financial institution will eventually initiate Rhode Island foreclosure proceedings. A foreclosure…

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