Rhode Island § 34-23-5 - Mortgages of Real Property
Full text of Rhode Island Rhode Island General Laws § 34-23-5 — Mortgages of Real Property, with citation guidance and answers to common questions.
§ 34-23-5. Mortgages of Real Property
R.I. Gen. Laws § 34-23-5
§ 34-23-5. Prepayment of mortgage loans.
(a) Every bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing thereon dwelling houses of not more than four (4) dwelling units shall provide in the mortgage note, and in any event the loan or loans shall be upon the condition that the full payment of mortgage may be made at any time after one year from the making of the loan without penalty, provided further, that during the first year, penalty or other charges for prepayment shall not exceed two percent (2%) of the balance due at date of the pay-off. If interest or other charges in connection with the loan or loans shall have been prepaid or included in the face of the mortgage, the holder thereof shall rebate the interest or other charges under regulations promulgated by the director of the department of business regulation.
(b) Alternatively a bank, trust company, loan company, building-loan association, credit union, finance company and other person(s) making a nonpurchase money loan or loans secured by a mortgage or mortgages on real estate located in Rhode Island containing on it dwelling houses of not more than four (4) dwelling units, may impose a prepayment penalty or other similar charges for the prepayment of a mortgage loan notwithstanding the prepayment penalty limitation imposed in subsection (a), but only if:
(1) The terms, conditions and amount of the prepayment penalty or other similar charges are prominently and conspicuously disclosed in writing to the borrower;
(2) The borrower agrees and consents to be bound by these terms and conditions; and
(3) Provided no prepayment penalty shall be imposed for any prepayment occurring more than sixty (60) months after the date of such loan.
(c) Any bank, trust company, loan company, building-loan association, credit union, finance company or other lender that chooses to offer a mortgage product pursuant to subsection (b) shall have available a similar mortgage product that complies with the limitations set forth in subsection (a) and all applicable federal regulations.
(d) Any prepayment penalty imposed under this section shall not be construed as interest under the provisions of § 6-26-2.
History of Section.
P.L. 1965, ch. 113, § 1; P.L. 1970, ch. 288, § 1; P.L. 1974, ch. 109, § 1; P.L. 1996,
ch. 366, § 1; P.L. 2002, ch. 117, § 1.
Source: official Rhode Island text · Last verified 2026-08-27
Frequently Asked Questions About Rhode Island § 34-23-5
What does Rhode Island General Laws § 34-23-5 cover?
Section 34-23-5 ("Mortgages of Real Property") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 34-23-5?
A common citation format is "Rhode Island General Laws § 34-23-5" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 34-23-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.