§ 34-28-21. Decree ordering sale.
The court shall, upon motion made by the plaintiff, defendant, or any other person, party to the proceedings, claiming to have a lien on the property or any part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had any claim against the property at the time of filing the complaint, or on becoming a party to the proceedings, the court shall, by itself or by a master to be appointed by it for that purpose, proceed to ascertain the exact nature and amount of each claim on the property or any part thereof, made by or belonging to any party to the proceedings, the amount of which to be allowed and paid shall be computed on the basis of the value of the property prior to the construction, erection, alteration, or reparation which is the subject matter of the complaint, and the order in which, in accordance with § 34-28-25, they should be paid, and, in the event no payment has been made into the registry of the court as provided in § 34-28-17, how much of the property, and especially how much, if any, and what portions of land under and adjoining the same, subject to sale by the provisions of this chapter, should be sold to satisfy the claims; and thereupon the court shall decree the property or some part of it, or the interest of the person defendant in the property or some part of it at the time the lien accrued, to be sold by and under the direction of a master to be appointed for that purpose, with instructions, restrictions, and conditions as it shall give in the premises, and the master shall make the sale in accordance with the instructions, restrictions and conditions, free and clear of all titles, claims, leases, mortgages, attachments, or other liens or encumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 and all rights of dower and curtesy), except of persons who have rights which are excepted in § 34-28-16 from being void and wholly lost unless an appearance and account and demand or claim is filed in accordance therewith.
History of Section.G.L. 1896, ch. 206, § 16; G.L. 1909, ch. 257, § 16; G.L. 1923, ch. 301, § 16; G.L. 1938, ch. 445, § 16; G.L. 1956, § 34-28-16; G.L. 1956, § 34-28-21; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
Structure Rhode Island General Laws
Chapter 34-28 - Mechanics’ Liens
Section 34-28-2. - Improvements by consent of tenant or lessee.
Section 34-28-3. - Improvements by consent of owner of less than freehold.
Section 34-28-3.1. - Materials to include rental or lease of any equipment.
Section 34-28-4. - Notice of intention to claim lien.
Section 34-28-4.1. - Contractors.
Section 34-28-5. - Recording notice of intention.
Section 34-28-7. - Lien of architect or engineer.
Section 34-28-8. - Land subject to lien.
Section 34-28-9. - Effective period of notice.
Section 34-28-10. - Complaint to enforce lien — Lis pendens notice.
Section 34-28-11. - Contents of lis pendens.
Section 34-28-12. - Recording of lis pendens.
Section 34-28-13. - Form of complaint to enforce lien.
Section 34-28-14. - Notice of complaint to owners and encumbrancers.
Section 34-28-15. - Contents and service of citation to owners and encumbrancers.
Section 34-28-16. - Entry of appearance and filing of account or claim.
Section 34-28-16.1. - Petition to foreclose mortgage.
Section 34-28-16.2. - Proceedings in superior court.
Section 34-28-17.1. - Dismissal of complaint for other cause.
Section 34-28-18. - Consolidation of proceedings by different lienholders.
Section 34-28-19. - Costs of proceedings.
Section 34-28-20. - Persons entitled to contest claims.
Section 34-28-21. - Decree ordering sale.
Section 34-28-22. - Court instructions as to sale.
Section 34-28-23. - Application of proceeds of sale.
Section 34-28-24. - Master’s bond.
Section 34-28-25. - Priority of liens.
Section 34-28-26. - Subordination or release of lien.
Section 34-28-27. - Direct payment on release of lien.
Section 34-28-28. - Damages on withholding direct payment or consent thereto.
Section 34-28-29. - Form of demand for direct payment.
Section 34-28-30. - Suit on bond to secure payment.
Section 34-28-31. - Application to governmental agencies.
Section 34-28-32. - Contractor excused from completing work upon filing of complaint.
Section 34-28-32.2. - Construction.
Section 34-28-33. - Remedy of chapter not exclusive.
Section 34-28-34. - Definitions.
Section 34-28-35. - Form of real estate description.