CHAPTER 7
HB 505 – FINAL VERSION
23Mar2005… 0361h
2006 SESSION
05/09
HOUSE BILL 505
COMMITTEE: Municipal and County Government
This bill requires a deed to include the complete mailing address for the grantee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Mar2005… 0361h
05-0599
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to recording mailing addresses on property deeds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
7:1 Statutory Form of Warranty and Quitclaim Deeds; Mailing Address Included. Amend RSA 477:27-28 to read as follows:
477:27 Statutory Form of Warranty Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to [his and] their own use, with covenant on the part of the grantor, for himself or herself, [his] heirs, executors and administrators, that, at the time of the delivery of such deed, [he] the grantor was lawfully seized in fee simple of the granted premises, that the said premises were free from all incumbrances, except as stated, that [he] the grantor had good right to sell and convey the same to the grantee, [his] heirs, successors and assigns, and that [he] the grantor will, and [his] the heirs, executors, and administrators shall, warrant and defend the same to the grantee and [his] heirs, successors and assigns, against the lawful claims and demands of all persons.
(Form for warranty deed)
_____________, of __________ County, State of _____, for consideration paid, grant to _______________, (complete mailing address) __________________________, of ___________________ Street, Town (City) of _______________, ____________ County, State of ____, with warranty covenants, the __________ (Description of land or interest being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
477:28 Statutory Form of Quitclaim Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to [his and] their own use, with covenants on the part of the grantor, for himself, [his] or herself, heirs, executors and administrators with the grantee, [his] heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all incumbrances made by the grantor, except as stated, and that [he] the grantor will, and [his] the heirs, executors and administrators shall, warrant and defend the same to the grantee and [his] heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other.
(Form for quitclaim deed)
_______________, of _________________ County, State of _____, for consideration paid, grant to ____________, (complete mailing address) __________________________, of __________ Street, Town (City) of ____________________ County, State of _____, with quitclaim covenants, the __________ (Description of land or interest therein being conveyed: incumbrances, exceptions, reservations, if any) __________________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
7:2 Statutory Form of Power of Sale Mortgage; Mailing Address Included. Amend RSA 477:29, III to read as follows:
III. The words “statutory power of sale” shall be understood as giving the mortgagee and [his] executors, administrators, successors and assigns the right, upon any default of the performance of the statutory condition as defined in paragraph II, or any other condition contained in the mortgage, to foreclose by sale under the provisions of RSA 479:25-27-a inclusive.
(Form for mortgage deed, with power of sale)
__________ of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of __________ with mortgage covenants, to secure the payments of ___ dollars, with ___ percent interest payable semiannually and also perform all the agreements and conditions as provided in note __________ of even date, the __________ (Description of land or interest therein being conveyed: incumbrances, reservations, exceptions, if any) __________ This mortgage is upon the statutory conditions, for any breach of which the mortgagee shall have the statutory power of sale. __________ (Wife) (husband) of said mortgagor, release all rights of homestead and other interests in the mortgage premises.
(Here add acknowledgment)
7:3 Statutory Form of Fiduciary Deed and Foreclosure Deed Under Power of Sale; Mailing Address Included. Amend RSA 477:30-31 to read as follows:
477:30 Statutory Form of Fiduciary Deed. A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, [his] heirs, successors and assigns, to [his and] their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, [he] the grantor was duly authorized to make the sale of the premises; that in all of [his] the grantor’s proceedings in the sale thereof, [he] the grantor has complied with the requirements of the statute in such case provided; and that [he] the grantor will warrant and defend the same to the grantee, [his] heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her in the capacity aforesaid.
(Form for fiduciary deed)
__________ of __________ County, State of __________, executor under the will (administrator of the __________ estate) (trustee under the will) (guardian) (conservator) (receiver of the estate) (commissioner) of __________ of __________, by the power conferred by __________ and every other power, for __________ dollars paid, grant to __________, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of __________ the __________ (Insert description of land or interest therein being conveyed: incumbrances, reservations, exceptions.)
(Here add acknowledgment)
477:31 Statutory Form for Foreclosure Deed Under Power of Sale. Where a mortgage is foreclosed under a statutory power of sale, the mortgagee may give a deed to the purchaser, whether the purchaser be a stranger or the mortgagee, in the following form:
__________ of __________ County, __________ State of __________, holder of a mortgage from __________ to __________ dated __________, recorded in __________ Registry of Deeds, Vol. ___, page ___, by the power conferred by said mortgage and every other power, for ___ dollars paid, grant to _____, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of __________, the premises conveyed by said mortgage.
(Here add acknowledgment)
A deed in substance in that form shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, [his] heirs, successors and assigns, to [his and] their own use, with covenants on the part of the grantor, for himself or herself, that, at the time of the delivery of such deed, [he] the grantor was duly authorized to make sale of the premises; that in all of [his] the grantor’s proceedings in the sale thereof, [he] the grantor has complied with the requirements of the statute in such case provided; and that [he] the grantor will warrant and defend the same to the grantee, [his] heirs, successors and assigns, against the lawful claims of all persons claiming by, from or under him or her.
7:4 Form of Manufactured Housing Warranty Deed, Quitclaim Deed, and Out-of-State Transfer Statement; Mailing Address Included. Amend RSA 477:44, II to read as follows:
II. MANUFACTURED HOUSING. Manufactured housing, as defined by RSA 674:31, shall be deemed a building for the purpose of paragraph I when such manufactured housing is placed on a site and tied into required utilities. Any deed conveying manufactured housing or evidencing its relocation within this state shall be substantially in the form provided in subparagraphs (a) and (b). If a deed for any manufactured housing is recorded in the registry of deeds of one county of this state and if such manufactured housing is relocated to another site in that county or to a site in another county of this state, a deed evidencing the change of location shall be recorded in the registry of deeds of the county in which it was originally located and a duplicate original shall also be recorded in the registry of deeds of the county to which it was relocated. If such manufactured housing is relocated to a site outside of this state, a statement evidencing the change of location substantially in the form provided in subparagraph (c) shall be recorded in the registry of deeds of the county in this state in which it was previously located. An attachment, lien or other encumbrance on manufactured housing, when properly created and recorded as required by law, shall continue to be enforceable until released or discharged notwithstanding the relocation of the manufactured housing within or outside of this state.
(a) A deed in substance following the form provided in this subparagraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for the grantor, the grantor’s heirs, executors and administrators that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the manufactured housing; that such manufactured housing was free from all incumbrances, except as stated; that the grantor had good right to sell and convey the same to the grantee, the grantee’s heirs, successors and assigns; and that the grantor and the grantor’s heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee’s heirs, successors and assigns, against the lawful claims and demands of all persons. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Warranty Deed
__________, of __________, __________ County, State of __________, for consideration paid, grant to _________, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of ___, with warranty covenants, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at ___ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated ___ and recorded at Book ___, Page in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interests therein.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
______, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the __________ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(b) A deed in substance following the form provided in this paragraph shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor, for the grantor, the grantor’s heirs, executors and administrators with the grantee, the grantee’s heirs, successors and assigns that at the time of the delivery of such deed the manufactured housing was free from all incumbrances made by the grantor, except as stated, and that the grantor and the grantor’s heirs, executors and administrators shall warrant and defend the same to the grantee and the grantee’s heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other. No owner of land shall unreasonably withhold the consent required by this statutory form.
Form for Manufactured Housing Quitclaim Deed
__________, of __________, __________ County, State of __________, for consideration paid, grant to _____, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of __________, with quitclaim covenants, the (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing is situated, or is to be situated, at __________ (state name of park, if any, and street address), Town (City) of __________, __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing is situated, or is to be situated, is owned by __________ by deed dated ___ and recorded at Book ___, Page ___, in the ___ County Registry of Deeds. ___ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
_____, owner of the tract or parcel of land upon which the aforesaid manufactured housing is situated, or is to be situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
[ ] Check box if the manufactured housing has been relocated from one site to another within New Hampshire. The manufactured housing was previously located at ___ (state name of park, if any, and street address), Town (City) of ___, ___ County, State of New Hampshire and title, if any, to the same was recorded at Book ___, Page ___, in the ___ County Registry of Deeds. If the relocation is to a county of the State of New Hampshire other than the county in which the deed to the grantor was recorded, a duplicate original of the deed must be recorded in the registry of deeds of that county at the same time this deed is recorded.
(c) An out-of-state transfer statement in substance following the form appended to this paragraph shall, when duly executed and recorded in the registry of deeds of the county in which the manufactured housing was previously located, have the force and effect of transferring title of the manufactured housing to the grantee, the grantee’s heirs, successors and assigns and terminating the record title of the manufactured housing in such registry of deeds under circumstances by which the manufactured housing is relocated to a site outside of this state. No owner of land shall unreasonably withhold the consent required by this statutory form. No manufactured housing may be relocated to a site outside of this state unless all holders of liens, attachments or incumbrances, if any, consent thereto in writing on the transfer statement.
Form for Out-of-State Transfer Statement
__________, of __________, County, State of __________, for consideration paid, grant to _____, (complete mailing address) __________________________, of __________ Street, Town (City) of __________, __________ County, State of __________, the __________ (Description of manufactured housing being conveyed: name of manufacturer, model and serial number and incumbrances, exceptions, reservations, if any) which manufactured housing, was situated at __________ (state name of park, if any, and street address), Town (City) __________ of __________ County, State of New Hampshire.
The tract or parcel of land upon which the manufactured housing was situated is owned by __________ by deed ___ dated ___ and recorded at Book ___, Page ___ in the __________ County Registry of Deeds. __________ (wife) (husband) of said grantor, release to said grantee all rights and other interest therein.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
_____, owner of the tract or parcel of land upon which the aforesaid manufactured housing was situated, hereby consents to the conveyance of the manufactured housing.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
__________, holder of (lien, attachment or encumbrance) hereby consent to the conveyance of the aforesaid manufactured housing, subject to condition that the aforesaid (lien, attachment or encumbrance) shall remain in force and effect thereon.
Signed this __________ day of ___, ___.
(Here add acknowledgment)
7:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: February 10, 2006
Effective: April 11, 2006