Revision: Jan. 13, 2016, midnight
\t \t\tSB 411 - AS INTRODUCED
2016 SESSION
\t16-2903
\t03/06
SENATE BILL\t411
AN ACT\trelative to the merger of lots that are mortgaged.
SPONSORS:\tSen. Watters, Dist 4; Sen. Boutin, Dist 16; Rep. Porter, Hills. 1; Rep. Rowe, Hills. 22
COMMITTEE:\tCommerce
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ANALYSIS
\tThis bill requires that mortgage holders approve the voluntary merger of lots and prohibits merger if there are mortgages on multiple lots and the mortgages are held by different persons.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2903
\t03/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the merger of lots that are mortgaged.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Voluntary Merger. Amend RSA 674:39-a to read as follows:
\t674:39-a Voluntary Merger.
\t\tI. Any owner of 2 or more contiguous preexisting approved or subdivided lots or parcels who wishes to merge them for municipal regulation and taxation purposes may do so by applying to the planning board or its designee. Except [where such merger would create a violation of then-current ordinances or regulations] as set forth in paragraphs II and III, all such requests shall be approved, and no public hearing or notice shall be required. No new survey plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the planning board or its designee, shall be filed for recording in the registry of deeds, and a copy mailed to the municipality's assessing officials. No such merged parcel shall thereafter be separately transferred without subdivision approval. No city, town, county, or village district may merge preexisting subdivided lots or parcels except upon the consent of the owner.
\t\tII. The applicant shall certify under penalty of perjury whether there are any mortgages on the lots proposed to be merged. If there are mortgages on the lots, the applicant shall give written notice to the mortgage holders at the time of the submission of the application. No merger shall be allowed if there are mortgages on more than one of the separate lots proposed to be merged and such mortgages are held by different mortgage holders. If a merger is allowed, the written consent of each holder of a mortgage shall be required a s a condition to the approval of the merger. If the merger is approved, then the mortgage or mortgages shall be deemed by operation of law to apply to all lots involved in the merger. The consent of each mortgage holder shall be required to be recorded with notice of the merger pursuant to paragraph I. The municipality shall not be liable for any deficiency in the notice to mortgage holders.
\t\tIII. No merger shall be approved that would create a violation of then-current ordinances or regulations.
\t2 Effective Date. This act shall take effect 60 days after its passage.