HB385 (2017) Detail

Relative to notice for foreclosures.


HB 385 - AS INTRODUCED

 

 

2017 SESSION

17-0233

08/03

 

HOUSE BILL 385

 

AN ACT relative to notice for foreclosures.

 

SPONSORS: Rep. Murray, Rock. 24; Rep. Pantelakos, Rock. 25; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires receipt of a foreclosure notice to be acknowledged.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0233

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to notice for foreclosures.

 

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

 

1  Notice of Foreclosure.  Amend RSA 479:25, II(a) to read as follows:

(a)  A copy of said notice shall be served upon the mortgagor or sent by registered or certified mail with a receipt acknowledged notice returned to the mortgagee to [his or her]  the mortgagor's last known address or to such person as may be agreed upon in the mortgage at least 25 days before the sale, or in the case of a residential mortgage, at least 45 days before the sale.  The term "mortgagor'' shall include the mortgagor and any grantee, assignee, devisee, or heir of the mortgagor holding a recorded interest in the mortgaged premises subordinate to the lien of the mortgage, provided that such interest is recorded at least 30 days, or in the case of a residential mortgage, at least 50 days, before the date of the sale, in the registry of deeds for the county in which the mortgaged premises are situated.  In this paragraph, the term "residential mortgage'' means a mortgage on a dwelling, as defined in RSA 397-A:1, VI-c.  Like notice shall be sent to any person having a lien of record on the mortgaged premises not less than 21 days before the sale, provided that the lien is recorded at least 30 days, or in the case of a residential mortgage, at least 50 days, before the date of the sale in the registry of deeds.  Such notice of sale shall be sufficient if it fully sets forth the date, time, and place of sale; the town, county, street or highway and street number, if any, of the mortgaged premises; the date of the mortgage; the volume and page of the recording of the mortgage; and the terms of the sale.  Any mortgagor or record lienholder who refuses to accept or claim mailed or served notice or who frustrates attempts by the mortgagee to give notice of the sale by failing to give or leave a forwarding address or by other act or omission shall be deemed to be notified of the sale, provided that such mortgagee shall have made a good faith effort to provide such notice.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB385 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 House Hearing
Feb. 8, 2017 House Exec Session
Feb. 14, 2017 House Exec Session
March 8, 2017 House Floor Vote

Bill Text Revisions

HB385 Revision: 1032 Date: Jan. 30, 2017, 8:06 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 12
Jan. 25, 2017 ==CANCELLED== Public Hearing: 01/25/2017 11:15 AM LOB 302
Jan. 31, 2017 ==RESCHEDULED== Public Hearing: 01/31/2017 01:15 PM LOB 302
Feb. 7, 2017 Subcommittee Work Session: 02/07/2017 10:00 AM LOB 302
Feb. 8, 2017 ==RECESSED== Executive Session: 02/08/2017 10:00 AM LOB 302
Feb. 14, 2017 Subcommittee Work Session: 02/14/2017 10:00 AM LOB 302
Feb. 14, 2017 ==CONTINUED== Executive Session: 02/14/2017 01:30 PM LOB 302
March 8, 2017 Committee Report: Inexpedient to Legislate for 03/08/2017 (Vote 11-9; RC)
March 8, 2017 Inexpedient to Legislate: MA RC 178-176 03/08/2017 HJ 9 P. 55
March 8, 2017 Reconsider HB 385 (Rep. Hopper): MF RC 175-181 03/08/2017 HJ 9 P. 57