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Section 529:1 – When Authorized.

    529:1 When Authorized. – All real estate, except the homestead right, may be taken on execution, and may be appraised and set off to the creditor at its just value in satisfaction of the execution and the cost of levying, except in cases where a sale of it is authorized by RSA 529:19. Source. […]

Section 529:10 – Description of Property.

    529:10 Description of Property. – In either of the cases aforesaid the whole of the property, of which a part is set off, shall be described by metes and bounds or other distinct description. Source. RS 195:9. CS 208:9. GS 218:9. GL 237:9. PS 233:10. PL 345:10. RL 401:10.

Section 529:11 – Rents, etc.

    529:11 Rents, etc. – If a debtor is seized of a rent or of the income of real estate a levy may be made thereon, and the appraisers may set off the same for such term as they judge sufficient to pay the judgment, interest and costs; and the sheriff shall cause the tenant […]

Section 529:12 – Seizin; Return; Record.

    529:12 Seizin; Return; Record. – The officer shall deliver seizin and possession of the property so set off to the creditor or his attorney, 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, and to be […]

Section 529:13 – Effect of Record, etc.

    529:13 Effect of Record, etc. – 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 […]

Section 529:14 – Redemption.

    529:14 Redemption. – 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 […]

Section 529:15 – Excessive Levy.

    529:15 Excessive Levy. – 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 […]

Section 529:16 – Suit for Excess.

    529:16 Suit for Excess. – 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 […]

Section 529:17 – Petition for Correction.

    529:17 Petition for Correction. – 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. Source. 1859, 2234:3. […]

Section 529:18 – Payment.

    529:18 Payment. – 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. Source. 1859, 2234:3. GS 218:18. GL […]

Section 529:19 – Equities, etc.

    529:19 Equities, etc. – 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 […]

Section 529:2 – Appraisers.

    529:2 Appraisers. – 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 as shall be […]

Section 529:20 – Notice.

    529:20 Notice. – 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 […]

Section 529:20-a – Notice of Homestead Exemption.

    529:20-a Notice of Homestead Exemption. – 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 […]

Section 529:21 – Publication.

    529:21 Publication. – 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 […]

Section 529:22 – Completing Levy.

    529:22 Completing Levy. – 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 […]

Section 529:23 – Deed.

    529:23 Deed. – 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 conveyed […]

Section 529:24 – Return; Record; Effect.

    529:24 Return; Record; Effect. – 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 […]

Section 529:25 – Proceeds.

    529:25 Proceeds. – 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 received; […]

Section 529:25-a – Claims for Homestead Exemptions.

    529:25-a Claims for Homestead Exemptions. – 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 […]