HB1333 (2008) Detail

Relative to post-foreclosure eviction actions.


HB 1333 – FINAL VERSION

12Mar2008… 0851h

05/15/08 1805s

04Jun2008… 2136eba

2008 SESSION

08-2556

05/01

HOUSE BILL 1333

AN ACT relative to post-foreclosure eviction actions.

SPONSORS: Rep. Dokmo, Hills 6

COMMITTEE: Judiciary

ANALYSIS

This bill defines a purchaser at a mortgage foreclosure sale and allows a purchaser at a mortgage foreclosure sale to terminate a tenancy of the property by a notice to quit.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2008… 0851h

05/15/08 1805s

04Jun2008… 2136eba

08-2556

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to post-foreclosure eviction actions.

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

1 New Paragraph; Actions Against Tenants; Definition of Purchaser at a Mortgage Foreclosure Sale. Amend RSA 540:1-a by inserting after paragraph I the following new paragraph:

I-a. “Purchaser at a mortgage foreclosure sale” means the successful bidder at a foreclosure auction, in possession of a valid purchase and sale agreement or memorandum of sale.

2 Termination of Tenancy; Notice to Quit by Purchaser at a Mortgage Foreclosure Sale. Amend RSA 540:2, I and the introductory paragraph of RSA 540:2, II to read as follows:

I. The lessor [or], owner, or purchaser at a mortgage foreclosure sale with the written consent of the mortgagee, of nonrestricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and [5] 540:5.

II. The lessor [or], owner, or purchaser at a mortgage foreclosure sale with the written consent of the mortgagee, of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and [5] 540:5, but only for one of the following reasons:

3 Definition; Other Good Cause. Amend RSA 540:2, V to read as follows:

V. “Other good cause” as set forth in [paragraph] subparagraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his or her family, or guests.

4 Effective Date. This act shall take effect January 1, 2009.