SB 341 – AS INTRODUCED
2014 SESSION
05/04
SENATE BILL 341
AN ACT relative to eviction procedures on foreclosed properties.
SPONSORS: Sen. Fuller Clark, Dist 21
This bill establishes a separate, abbreviated eviction process for foreclosed properties.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2709
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to eviction procedures on foreclosed properties.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Exemption from the Definition of Tenancy; Foreclosed Property. Amend RSA 540:1-a, IV by inserting after subparagraph (f) the following new subparagraph:
(g) A mortgagor who remains in the property after a foreclosure sale has been completed in accordance with RSA 479 and for which the foreclosure deed has been recorded in the registry of deeds.
2 Actions Against Tenants; Possessory Action. Amend RSA 540:12 to read as follows:
540:12 Possessory Action.
I. The owner[,] or lessor [, or purchaser at a mortgage foreclosure sale] of any tenement or real estate may recover possession thereof from a lessee, occupant, [mortgagor,] or other person in possession, holding it without right, after notice in writing to quit the same as herein prescribed.
II. Notwithstanding paragraph I, a purchaser at a mortgage foreclosure sale as evidenced by a recorded deed pursuant to RSA 479:26 or other owner shall not be required to evict a mortgagor by means of RSA 540.
3 New Chapter; Procedure to Remove Mortgagor After Foreclosure. Amend RSA by inserting after chapter 540-C the following new chapter:
CHAPTER 540-D
PROCEDURE TO REMOVE MORTGAGOR AFTER FORECLOSURE
540-D:1 Definition; Post-foreclosure Property.
I. “Post-foreclosure property” means real property for which a foreclosure deed has been recorded at the registry of deeds pursuant to RSA 479.
II. “Prior mortgagor” means the person who is both:
(a) Named as mortgagor or borrower on a mortgage that was subject to a foreclosure sale pursuant to RSA 479; and
(b) Identified in the notice of sale provided pursuant to RSA 479:25.
540-D:2 Termination of Occupancy; Notice of Termination. The owner or agent of the owner of post-foreclosure property may terminate any occupancy without stating any reason. A written 30-day notice of termination shall be required and shall be served pursuant to RSA 540-D:3 within 30 days of recording the foreclosure deed under RSA 479.
540-D:3 Service of Notice.
I. The owner or agent of the owner of post-foreclosure property shall give the notice of termination personally to the occupant or attach the notice to the primary entrance to the property.
540-D:4 Possessory Rights. The occupant shall have no possessory rights to any portion of the property. The owner or agent of the owner may request law enforcement intervention for any behavior if such action is deemed necessary.
540-D:5 Possession. The owner or agent of the owner of post-foreclosure property may take possession of the property at the end of the notice period specified in RSA 540-D:2. The owner or agent of the owner may request law enforcement intervention as necessary.
540-D:6 Personal Property. The owner or agent of the owner of post-foreclosure property shall retain and exercise reasonable care in the storage of the personal property of the occupant who has vacated the premises for a period of 3 days after the date on which such occupant has vacated. After the 3-day period, the owner or agent of the owner may dispose of such property without notice to the occupant.
4 Effective Date. This act shall take effect January 1, 2015.