HB 262 – AS INTRODUCED
2005 SESSION
06/03
HOUSE BILL 262
AN ACT creating a cause of action relative to the discharge of mortgages.
SPONSORS: Rep. Abbott, Rock 12
This bill creates a cause of action for failure of a mortgagee to file a discharge of the mortgage within 60 days after the mortgage is paid in full.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0563
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT creating a cause of action relative to the discharge of mortgages.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Petition for Release; Damages. Amend RSA 479:10 to read as follows:
479:10 Petition for Release.
I. If after such performance or payment, or a legal tender thereof, the mortgagee, being duly requested and having his or her reasonable charges therefor tendered to him or her, shall refuse or neglect to execute a release of his or her interest in the mortgaged premises within 60 days from receipt of payment, the mortgagor or person having his or her estate may apply by petition to the superior court in the county where the mortgaged estate or the greater part thereof lies stating the conveyance of the estate, the condition of the conveyance and the performance, payment, or tender thereof, and praying for a decree of discharge or other relief.
II. A mortgagor or person having his or her estate who petitions for release under this section shall be entitled to receive $500 or actual damages, whichever is greater, costs, and reasonable attorneys’ fees.
2 Effective Date. This act shall take effect January 1, 2006.