Title LIV, Executions, Levies, Bail, and the Relief of Poor Debtors

Subject to the provisions of RSA 529:29, all the debtor's interest in such real estate shall pass by the levy as against all persons, if the levy is recorded as aforesaid on or before the return day of the execution; otherwise only as against the debtor and his heirs until such r…

The extent shall be void if, within one year from the return day of the execution, the debtor shall pay or tender to the creditor the sum at which the real estate was set off, and all reasonable sums paid by him for taxes, insurance, repairs and improving the estate, with interes…

Whenever the sum at which the real estate was set off is larger than it should have been by reason of an error, made without fraudulent intent, in computing the debt or damages or the taxable costs mentioned in the execution, or interest or the officer's fees in making the levy, …

In case of such error, if the debtor redeems by paying the sum at which the estate was set off, or if he does not redeem within a year, he may recover of the creditor the sum required to correct the error, with interest thereon from the date of the levy, in an action for money ha…

In case of such error either party may apply by petition to the superior court to have its amount determined; and the court, after notice and hearing, shall determine it, and may issue execution therefor and for costs in favor of the debtor against the creditor.

Upon payment of the sum erroneously included in the levy, with interest from the date of levy and the costs allowed by the court, if any, the title to the real estate under the levy shall be relieved from any defect resulting from the error.

A right of a debtor to redeem mortgaged real estate, or to redeem any right or interest in real estate, or to receive a conveyance of real estate on performance of a contract relating thereto, and terms for years, may be taken on execution, and may be sold at auction and conveyed…

The officer levying the execution shall cause three appraisers to be appointed, one by the creditor, one by the debtor and one by himself, who shall be discreet and disinterested men, resident in the county, and shall be sworn by a justice impartially to appraise such real estate…

Notice of the time and place of sale shall be given to the debtor, or left at his abode if he resides in the state, except as provided in the following section, and a like notice shall be posted at two of the most public places in the town in which the property is situate, thirty…

Along with the notice required under RSA 529:20, the party in whose name the execution has issued shall provide to any person who resides or appears to reside on the real estate to be sold, the following notice by certified mail: NOTICE IF YOU OR YOUR SPOUSE OWNS AND RESIDES IN T…

If the debtor does not reside in the state a copy of the notice required in RSA 529:20 shall also be published. If the debtor resides within the state but not in the county or within 20 miles of the property, the notice may be given in hand to the debtor or left at his abode, or …

The levy shall be begun by posting notices as required in RSA 529:20 and 21, and may be completed afterward, and the sale may be adjourned, not exceeding 10 days at a time nor 60 days in the whole, notice of the adjournment being posted in the same manner as notices of the sale.

The deed of the officer making the sale shall briefly state his office, the names of the parties to the action in which the execution issued, the court and term at which the judgment was rendered, the consideration paid for the right or term sold, a description of the premises co…

The officer shall make a full return of his proceedings, and cause the execution and return to be recorded at length in the registry of deeds of the county in which the real estate lies, and to be returned to the office of the clerk of the court to which it is returnable; and no …

The proceeds of the sale shall be applied to the satisfaction of the executions issuing in the actions in which the estate was attached, in the order of the attachments, and then to the payment of any other executions in the officer's hands in the order in which they were receive…

I. Notwithstanding the provisions of RSA 529:25, if prior to the sale the debtor or the debtor's spouse makes a written claim to the sheriff and the party in whose favor the execution issued, that he is entitled to a homestead exemption pursuant to RSA 480:1, the sheriff shall no…

The sale and deed made in pursuance thereof shall be void if, within one year after the sale, the debtor shall pay or tender to the purchaser the purchase money, and all reasonable sums paid by him for taxes, insurance, repairs and the redemption of mortgages upon the estate, to …

Attachable real estate may be taken on execution and sold, as rights of redeeming mortgaged real estate are; and the debtor has the same right of redemption from such sale.

Such seizure and sale shall transfer to the purchaser all the right, title and interest that the execution debtor had in such real estate as in other cases, subject to the debtor's right of redemption.

No lien upon or right in real estate, upon which there is no existing lien by virtue of an attachment, made in the action in which the execution issued, shall be acquired as against subsequent purchasers or attaching creditors without notice, by the levy of an execution upon it, …

If the debtor, on due notice, neglects to appoint an appraiser, or does not reside in the county or within twenty miles of the property to be appraised, the officer shall appoint an appraiser for him.

I. The register of deeds shall certify upon each copy the time when it was received, and may keep it on file or record it as provided in paragraph II. The register of deeds shall also enter a record of it upon the index, as in the case of attachments of real estate with the excep…

In all counties, the officers so making a levy shall pay to the register of deeds the fees prescribed in RSA 478:17-g and shall be entitled to the same fees for travel and copy as in case of an attachment of real estate, all of which shall be returned upon the execution.

The debtor may redeem without claiming a reduction on account of the rents and profits of the estate received by the creditor or purchaser; and in such case the debtor may recover such rents and profits of the creditor or purchaser, in an action of assumpsit for use and occupatio…

The creditor or purchaser, upon payment or tender to him of the amount to be paid for redeeming the estate set off or sold to him, and a reasonable sum for making and executing the release, shall execute a release to the debtor of all right acquired by the setoff or sale.

If the parties do not agree as to the amount to be paid to redeem real estate from a levy, like proceedings may be had for determining the amount as are provided for determining the amount due upon a mortgage on petition of the mortgagor.

The person having the estate or right of the creditor, purchaser or debtor in real estate taken in execution shall be deemed to be, and shall have the rights, privileges and remedies of, the creditor, purchaser or debtor, as to all persons having notice of his right; and no act d…

Notice given to the clerk, treasurer, agent or one of the directors of a corporation to choose an appraiser for the corporation, ten days before the levy, shall be legal notice to the corporation.

If an appraiser shall die, or for any cause cannot act or declines to act, the sheriff shall cause an appraiser to be appointed to fill the vacancy, in the same manner as he was required to proceed in causing the original appointment, and the levy may be completed as if no vacanc…

A levy begun by the appointment and swearing of one or more of the appraisers may be completed before the return day of the execution.

The appraisers shall set off to the creditor, by metes and bounds or other distinct description, the real estate appraised by them, or so much as may be necessary in payment of the execution and costs of levying.

If such real estate is holden jointly, or in common with others, the levy shall be made upon the undivided interest of the debtor or a part thereof.

If such real estate cannot, in the judgment of the appraisers, be divided and set out by metes and bounds without greatly impairing the value of the whole the levy may be made upon an undivided interest therein, or by such mode of division as the nature of the property will admit…