HB1175 (2016) Detail

Relative to post-judgment real estate liens.

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9Mar2016... 0371h







AN ACT\trelative to post-judgment real estate liens.


SPONSORS:\tRep. Lachance, Hills. 8; Rep. Backus, Hills. 19; Rep. Potucek, Rock. 6; Rep. Gallagher, Belk. 4








\tThis bill provides that a judgment may be secured against real estate by recording a certified copy of the judgment with the registry of deeds of the county in which the real estate is located.


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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0371h\t16-2332





In the Year of Our Lord Two Thousand Sixteen


AN ACT\trelative to post-judgment real estate liens.


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


\t80:1  Post-Judgment Attachment and Execution.  RSA 503:12 is repealed and reenacted to read as follows:

\t503:12  Post-Judgment Attachment and Execution.

\t\tI.  Attachments and levies of execution on personal property and real estate may be made on judgments in small claims actions in district courts as provided in RSA 511, RSA 528, and RSA 529.

\t\tII.  A judgment entered in accordance with this chapter may be secured against real estate of the defendant in accordance with RSA 524:13.

\t80:2  New Section; Judgments: Post-Judgment Real Estate Liens. Amend 524 by inserting after section 12 the following new section:

\t524:13  Post-Judgment Real Estate Liens.

\t\tI.  A judgment entered by any court in this state may be secured against real estate by recording or re-recording, at any time during the duration of the judgment, a certified copy of the judgment, along with an affidavit in accordance with paragraph II, with the registry of deeds of the county in which the real estate is located.

\t\tII.  At the time of recording, the plaintiff shall mail a copy of all documents mailed to the registry of deeds to the defendant’s address of record with the court, by first class mail, or if the defendant is represented by counsel, a copy shall be mailed to counsel in the same manner.

\t\tIII.  The recording of the certified copy of the judgment, along with the affidavit attesting to compliance with paragraph II, shall create a judgment lien on all real estate of the defendant in the county of recording.  The judgment lien shall be subject to all applicable exemptions from attachment and execution and shall be subordinate to any other liens of record entitled to priority on the date of recording.

\t\tIV.  Unless the judgment is satisfied or discharged or the lien is otherwise removed or altered, the judgment lien created under paragraphs I through III shall remain in force and effect for as long as a suit may be maintained upon the judgment under RSA 508:5.

\t\tV.  When a judgment secured by a judgment lien under this section is satisfied, the plaintiff or his or her attorney shall deliver to the defendant or owner of the encumbered real estate a discharge thereof.  The defendant or owner shall cause the discharge to be recorded and shall pay the register of deeds the recording fee established pursuant to RSA 478:17-g.  If the plaintiff fails to comply with this paragraph, the defendant shall be entitled to recover the amount of reasonable costs and legal fees incurred as a result.

\t\tVI.(a)  If the plaintiff fails to deliver the discharge of a satisfied judgment within 30 days from receipt of a request to deliver such discharge, or if other exigent circumstances require an immediate discharge, such discharge may be issued by the court in which the judgment was rendered upon presentation of proof that the judgment has been paid in full, in the form of either a bank check, a certified check, an attorney's client funds account check which bears no indication of a stop payment order or return for insufficient funds, or by other equivalent documentary evidence of such receipt of payment.

\t\t\t(b)  The discharge shall include the names of the plaintiff and the defendant, the date and amount of the judgment, the name of the underlying case and case number, if any, and the book and page of recording of the judgment lien.

\t\t\t(c)  The discharge, when recorded, shall constitute a complete release of the lien created by the recording of the judgment.

\t\t\t(d)  Any person who induces a court to execute a discharge in accordance with this paragraph on the basis of information and statements known to the person to be false shall be responsible for all costs and fees incurred by the opposing party as a result and such additional sanctions as the court in its discretion deems appropriate.

\t80:3  Effective Date.  This act shall take effect January 1, 2017.

Approved: May 19, 2016

Effective Date: January 1, 2017