Title XLVIII, Conveyances and Mortgages of Realty

If after such performance or payment, or a legal tender thereof, the mortgagee, being duly requested and having his reasonable charges therefor tendered to him, shall refuse or neglect to execute a release of his interest in the mortgaged premises, the mortgagor or person having …

I. All disclosures, contracts, and notices required by this chapter shall be made clearly and conspicuously in language comprehensible by persons without training or knowledge in the area of real property and finance. II. All notices required by this chapter, other than the homeo…

Deeds of units shall include the following particulars: I. Description of the land as provided in RSA 479-A:10 or the post office address of the property, including in either case the volume, page and date of recording of the declaration. II. The unit number of the unit in the de…

I. The provisions of this chapter shall not apply to: (a) A duly licensed attorney at law acting on behalf of a client; (b) A person who holds or is owed an obligation secured by a lien on any residence in foreclosure while the person performs services in connection with the obli…

If the court, after proof of due notice given and a hearing on the petition, shall find that the condition of the mortgage has been performed and that all damages and costs have been paid according to law, or that a legal tender thereof has been made and the amount has been broug…

Simultaneously with the recording of the declaration, there shall be filed in the office of the recording officer a set of the floor plans of the building showing the layout, location, unit numbers, and dimensions of the units, stating the name of the building or that it has no n…

A copy of such decree, recorded in the registry of deeds for the county in which the lands lie, shall have the same effect as a release duly executed by the mortgagee.

The mortgagee, upon a request in writing by the mortgagor, shall make out and deliver to him or his agent a just and true account of all his demands secured by the mortgage, of all damages and costs incurred by reason of the nonperformance of the condition thereof, and of all ren…

At the time of the first conveyance of each unit, every mortgage and other lien affecting such unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall be paid and satisfied of record, or the unit being conveyed and its percentage…

If the mortgagee shall unreasonably refuse or neglect to make out and deliver such account, the superior court, upon petition by the mortgagor setting forth the facts in the case and upon due notice given to the parties interested, shall determine the amount justly due after dedu…

The declaration and amendment or amendments thereof, any instrument by which the provisions of this chapter may be waived, and every instrument affecting the property of any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid un…

If, upon the hearing of such petition, any issue of fact shall arise, such issue, if either party elects, may be determined by a jury, and costs shall be awarded to the prevailing party.

All of the unit owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their lie…

The removal provided for in RSA 479-A:15 shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.

Upon such amount being brought into court and lodged with the clerk, the court shall decree that the mortgage be discharged, and a copy of such decree recorded in the registry of deeds for the county in which the lands lie shall have the same effect as a release duly executed by …

The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment …

No such petition shall be heard unless the same shall be entered in court within one year after such payment, performance, tender, refusal or neglect.

The bylaws may provide for the following: I. The election from among the unit owners of a board of directors, the number of persons constituting the same, and that the terms of at least 1/3 of the directors shall expire annually; the powers and duties of the board; the compensati…

All lands conveyed in mortgage may be redeemed by the mortgagor, after the condition thereof is broken, by the payment of all demands and the performance of all things secured by the mortgage and the payment of all damages and costs sustained and incurred by reason of the nonperf…

Notwithstanding the provisions of RSA 479:3 or any other provision of law, the terms of repayment of any real estate mortgage loan made to a veteran under the provisions of Title III of the Servicemen's Readjustment Act of 1944, as now or hereafter amended, may, by written agreem…

As to real estate mortgages made prior to July 3, 1957, nothing contained in RSA 479:18-a shall be construed to derogate from the rights of holders of valid liens on the mortgaged real estate which attached prior to July 3, 1957.

The powers and privileges conferred by RSA 479:18-a shall be deemed cumulative and are not intended to modify or supersede any such powers or privileges already available, in whole or in part, under other statutes or at common law.

If any provision of this subdivision is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the subdivision and the applicability thereof to other persons and circumstances shall not be af…

The right of the mortgagor and all persons claiming under him to redeem any mortgaged premises shall be forever barred and foreclosed by the mortgagee in the following modes: I. Entry Under Process. By entry into the mortgaged premises under process of law and continued actual po…

The manager or board of directors, as the case may be, shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and fac…

This chapter shall be applicable only to property which the sole owner or all the owners thereof or, in the case where the property is leased of another for a period of not less than 30 years, the sole lessee or all the lessees thereof submit to the provisions hereof by duly exec…

No conveyance in writing of lands shall be defeated nor any estate encumbered by an agreement unless it is inserted in the condition of the conveyance and made part thereof, stating the sum of money to be secured, or other thing to be performed.

I. A foreclosure consultant shall not enter into any agreement or provide any services on behalf of a homeowner until the homeowner has executed a foreclosure consulting contract. A foreclosure consulting contract shall: (a) Be provided to the homeowner for review before signing;…

No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.

The expense of such publication and $.34 for the notice shall be paid to the mortgagee by the person redeeming the mortgage before the redemption thereof.

I. Each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including, but no…

The affidavit of the party making an entry into real estate under the second method of foreclosure, and of the witnesses thereto as to the time, manner and purposes of the entry, and a copy of the published notice required under the second and third methods of foreclosure, respec…

When a power of sale is contained in a mortgage and a conditional judgment is entered, the demandant may, instead of a writ of possession, have a decree entered that the property be sold pursuant to such power, and thereupon the demandant shall give such notices and do all such a…

All sums assessed by the association of unit owners but unpaid for the share of the common expenses chargeable to any unit shall constitute a lien on such unit prior to all other liens except only (1) tax liens on the unit in favor of any assessing unit and special district and (…

In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance without prejudice to the grantee's right to recover…

The party selling shall, within 10 days after the sale, make to the court under oath a report of the sale and of his doings and file the same in the clerk's office, and the same may be confirmed and allowed or set aside and a new sale ordered as to the court seems just.

The manager or the board of directors if required by the declaration, bylaws or by a majority of the unit owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for the property against …

Any person interested may intervene or be summoned and heard on such proceedings, and the order of the court confirming the sale shall be conclusive evidence as against all persons that the power was duly executed.

If within 60 days of the date of the damage or destruction to all or part of the property it is not determined by the association of unit owners to repair, reconstruct or rebuild, then and in that event: the property shall be deemed to be owned in common by the unit owners; the u…

Instead of such suit and decree of sale, the mortgagee or his assignee may, upon breach of the condition, give such notices and do all such acts as are authorized or required by the power, including the giving of a foreclosure deed upon the completion of said foreclosure; but no …

Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of 2 or more of the unit owners, as their respective interests may appear, with respect to any cause o…

I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale, and his affidavit setting forth fully and particularly his acts in the premises to be recorded in the registry of deeds in the county wher…

A mortgagee selling under a power contained in a mortgage may be a purchaser at the sale, unless the mortgage contains a provision to the contrary.

All unit owners, tenants of such owners, employees of owners and tenants, or any other persons who may in any manner use property or any part thereof submitted to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws of the association …

In the event that the note or other obligation secured by the mortgage is further secured by a security agreement on personalty situated on the mortgaged premises, the mortgagee may, at his option and upon notice to the mortgagor, foreclose the real estate and the personal proper…