§ 34-11-20. Meaning of mortgage covenants.
In any conveyance of real estate the words “with mortgage covenants” shall have the full force, meaning, and effect of the following words, and shall be applied and construed accordingly: “The mortgagor, for himself or herself and for his or her heirs, executors, and administrators, covenants with the mortgagee and his or her heirs and assigns, that he or she is lawfully seised in fee simple of the mortgaged premises; that the same are free from all incumbrances; that he or she has good right, full power, and lawful authority to sell and convey the same to the mortgagee and his or her heirs and assigns; that the mortgagee and his or her heirs and assigns shall at all times hereafter peaceably and quietly have and enjoy the mortgaged premises and that the mortgagor will, and his or her heirs, executors, and administrators shall, warrant and defend the premises to the mortgagee and his or her heirs and assigns forever against the lawful claims and demands of all persons, and that the mortgagor and his or her heirs and assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge, and deliver to the purchaser or purchasers such deed or deeds confirmatory of the sale as may be required; and that insurance against loss by fire shall be kept and maintained on the buildings, if any, on the mortgaged premises in such office or offices as the mortgagee or his or her heirs, executors, administrators, or assigns shall approve, in a sum not less than the amount secured by the mortgage deed, or as otherwise provided herein, and that the policy or policies of such insurance shall be delivered to and held by the mortgagee and assigned and transferred, or made payable in case of loss, to the mortgagee or his or her heirs, executors, administrators or assigns, as collateral security hereto, and in default thereof, that the mortgagee or his or her heirs, executors, administrators or assigns may effect such insurance in the name of the mortgagor or his or her heirs or assigns, payable in case of loss to the mortgagee or his or her heirs, executors, administrators or assigns, and that the premium or premiums paid therefor shall be a further charge upon the mortgaged premises.”
History of Section.P.L. 1927, ch. 1056, § 12; P.L. 1928, ch. 1171, § 1; G.L. 1938, ch. 436, § 11; G.L. 1956, § 34-11-20.
Structure Rhode Island General Laws
Chapter 34-11 - Form and Effect of Conveyances
Section 34-11-1. - Conveyances required to be in writing and recorded.
Section 34-11-1.1. - Signing and printing names.
Section 34-11-1.2. - Name and address of grantee — Recording.
Section 34-11-1.3. - Name and address of mortgagor and mortgagee — Recording.
Section 34-11-1.4. - Sale price recording.
Section 34-11-1.5. - Historical cemeteries.
Section 34-11-2. - Seal not required in conveyances.
Section 34-11-3. - Creation of co-tenancies by deed — Conveyances between husband and wife.
Section 34-11-4. - Delivery of conveyance sufficient to pass title.
Section 34-11-5. - Releases and discharges effective without seal.
Section 34-11-6. - Use of word “grant” not required.
Section 34-11-7. - Warranties and rights of reentry not implied.
Section 34-11-8. - Form of grants in tail.
Section 34-11-9. - Words importing failure of issue.
Section 34-11-10. - Takers not party to indenture — Conveyance purporting to be indenture.
Section 34-11-11. - Use of statutory forms.
Section 34-11-12. - Statutory forms set out.
Section 34-11-13. - Construction of terms.
Section 34-11-14. - Conveyances to which rules of construction apply.
Section 34-11-15. - Effect of warranty deed.
Section 34-11-16. - Meaning of warranty covenants.
Section 34-11-17. - Effect of quitclaim deed.
Section 34-11-18. - Meaning of quitclaim covenants.
Section 34-11-19. - Contents and effect of short-form mortgage deed.
Section 34-11-20. - Meaning of mortgage covenants.
Section 34-11-21. - Statutory mortgage condition.
Section 34-11-22. - Statutory power of sale in mortgage.
Section 34-11-23. - Mortgage to secure future loans.
Section 34-11-24. - Effect of assignment of mortgage.
Section 34-11-25. - Use of “assign” sufficient to transfer mortgage.
Section 34-11-26. - Use of word “grant” sufficient.
Section 34-11-27. - Words of inheritance not required — Fee simple presumed.
Section 34-11-28. - Rights, privileges, and appurtenances included in grant.
Section 34-11-29. - Newspapers eligible for publication of notice.
Section 34-11-30. - Validation of deeds executed under defective law.
Section 34-11-31. - Application of previous deeds to successors.
Section 34-11-32. - Application of covenants to successors in interest.
Section 34-11-33. - Liability on covenant against incumbrances.
Section 34-11-34. - Conveyances executed by attorney — Recording of power.
Section 34-11-35. - Delivery of recorded instrument, when presumed.
Section 34-11-36. - Defective acknowledgments.
Section 34-11-37. - Indefinite references to “trustee”.
Section 34-11-38. - Rule against perpetuities reform.
Section 34-11-39. - Penalty for sale of lands in West Warwick subject to sewer assessment.
Section 34-11-41. - Reimposition of restrictive covenants.
Section 34-11-42. - Transfer fees prohibited.