Title 44, Chapter 14, Section 85
( 44-14-85)
(a) The acceleration of the maturity of an indebtedness which is
evidenced by a note or otherwise and secured by a deed to secure
debt conveying real property and the commencement of foreclosure
proceedings by the advertisement of a sale under the power contained
in the deed or by an action shall not commence the running of the
statute of limitations against the exercise of any right, power, or
privilege authorized in the deed or the evidence of the indebtedness
secured thereby or the right to bring an action to enforce any
provision of the deed or to collect the indebtedness secured thereby
if the foreclosure proceedings are withdrawn prior to their
completion by sale or otherwise. Such withdrawal shall operate to
rescind the acceleration of the maturity of the indebtedness and to
reinstate the indebtedness upon the terms and conditions existing
prior to the acceleration. Such withdrawal shall not prejudice the
right of the holder of the indebtedness and deed securing same to
exercise any and all rights to accelerate the maturity of the
indebtedness and to exercise any right or power contained in the
deed or the evidence of the indebtedness secured thereby or
conferred by law should a subsequent default occur. (b) Nothing contained in subsection (a) of this Code section shall
prevent, restrict, or otherwise impair the exercise of any other
right or privilege conferred by law; but the rights contained in
subsection (a) of this Code section shall be cumulative and in
addition thereto. |