Revision: Dec. 14, 2011, midnight
HB 1290 – AS INTRODUCED
2012 SESSION
05/03
HOUSE BILL 1290
AN ACT relative to self-storage facility liens.
SPONSORS: Rep. J. Belanger, Hills 5; Rep. McClarren, Hills 21; Rep. LeBrun, Hills 26
This bill permits the owner of a self-storage facility to contact the department of motor vehicles and the secretary of state by electronic mail in order to determine whether the contents of the storage unit include property subject to a perfected security lien. The bill also defines electronic mail and verified mail.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2490
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to self-storage facility liens.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Self-Service Storage Facility Liens; Definition of Electronic Mail Added. Amend RSA 451-C:1, I to read as follows:
I. “Electronic mail” means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between 2 or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt may be received.
I-a. “Lienholder” means a person entitled to enforce a lien or security interest legally acquired and properly recorded in accordance with RSA 382-A or RSA 261.
2 New Paragraph; Definition of Verified Mail Added. Amend RSA 451-C:1 by inserting after paragraph VI the following new paragraph:
VII. “Verified mail” means any method of mailing that is offered by the United States Postal Service and provides evidence of mailing.
3 Notice to Lienholder and Notice of Sale. Amend RSA 451-C:4 and 451-C:5 to read as follows:
451-C:4 Notice to Lienholder.
I. An owner shall inquire in writing, by [certified mail return receipt requested] verified or electronic mail, to determine from the division of motor vehicles and the secretary of state with regard to a motor vehicle, and from the secretary of state with regard to other personal property, whether a lien exists upon the title to said motor vehicle or other personal property. Any such written inquiry that requests information on financing statements filed under RSA 382-A shall be in the form, and subject to the fees, required by that chapter. If no lien is found, or in the case where the inquiry had been made in writing and no response is received from the division of motor vehicles or the secretary of state within 14 days after such inquiry is [mailed] sent by either verified or electronic mail, the owner may proceed to sell or otherwise dispose of such personal property as prescribed by this chapter.
II. If determination is made under the procedure described in paragraph I that a lien exists, a notice of sale under this chapter shall be sent by [registered or certified] verified mail to the last known address of each holder of a security interest or lienholder in accordance with RSA 382-A:9. The notice shall state the time and place of the sale, the property to be sold, and the amount of the rent, charges, fees, or expenses owed. The notice shall be sent at least 20 days prior to the date of the sale, except that in the case of a motor vehicle, notice shall be sent at least 30 days prior to the date of the sale. Notwithstanding any other provision of this chapter, any lienholder having a properly perfected lien or security interest shall be entitled to remove such personal property from the owner’s possession or from the occupant’s self-service storage facility unit within 20 days of the date of mailing of the notice of the sale, without attachment of the lien established under RSA 451-C:2 or any further obligation to the owner of the self-service storage facility. The lienholder’s right to possession of the personal property is established under this chapter notwithstanding the lack of breach by the owner of such personal property under the debt instrument or security agreement creating the lien or security interest on such property. The owner shall not be responsible for determining priority as between any competing lienholders. If the owner and the lienholder who has received the notice agree to store the personal property at the facility, the lienholder shall pay the amount of the rent, charges, fees, or expenses due from and after the date of the notice to the lienholder, and pay the monthly rental fee until such personal property is removed from the facility.
451-C:5 Notice of Sale. A notice of the sale shall be served upon the occupant in person or by [registered or certified] verified mail at the last known address, no less than 14 days before the sale, stating the time and place of sale, the property to be sold, and the amount of the rent, charges, fees, or expenses owed.
4 Effective Date. This act shall take effect 60 days after its passage.