Bill Text - HB537 (2005)

Relative to liens filed with public servants.


Revision: Jan. 21, 2010, midnight

HB 537 – AS INTRODUCED

2005 SESSION

05-0218

06/01

HOUSE BILL 537

AN ACT relative to liens filed with public servants.

SPONSORS: Rep. Marple, Merr 9; Rep. Ingbretson, Graf 5; Rep. L. Christiansen, Hills 27

COMMITTEE: Municipal and County Government

ANALYSIS

This bill:

I. Prohibits public servants from accepting or recording liens that do not comply with part 2, article 87 of the New Hampshire constitution.

II. Requires certain identifying information with certification of federal liens.

III. Requires the register of deeds to file only lawful instruments.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0218

06/01

2005 SESSION

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to liens filed with public servants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Place of Filing; Criteria for Recording. Amend RSA 454-B:2 by inserting after paragraph I the following new paragraph:

I-a. No town clerk, county register, or other public servant, as defined in RSA 640:2, II(a), shall accept or record any lien, or other purported instrument of debt or obligation or claim asserted by the federal corporate government or any entity associated with or contracted to the federal corporate government unless it is judicial and complies with the constraints and the elements enumerated in part 2, article 87 of the New Hampshire constitution and it includes the following:

(a) The instrument has the original signature of a judge, the signature of the clerk of court, and the seal of the court in compliance with part 2, article 87 of the New Hampshire constitution.

(b) The name, address, pocket commission, and federal identification number of any person making the claim.

2 Execution of Notices and Certificates; Identifying Information Required. Amend RSA 454-B:3 to read as follows:

454-B:3 Execution of Notices and Certificates. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary except the name, address, pocket commission, and federal identification number of the person making the certification. All notices and certificates shall be in strict conformity with the Federal Lien Registration Act of 1966.

3 Recording; Lawful Instruments Added. Amend RSA 478:4 to read as follows:

478:4 Recording. The register of deeds shall receive, file and record for the legal charges all original deeds and lawful instruments conforming to part 2, article 87 of the New Hampshire constitution [brought for that purpose, and]. Lawful affidavits of truth under the laws of commerce do not required any prior judicial approval. The register of deeds shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on material with markings and of a size to insure suitable, permanent recording thereof.

4 Effective Date. This act shall take effect January 1, 2006.

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