479:1 Definition. – Every conveyance of lands made for the purpose of securing the payment of money or the performance of any other thing in the condition thereof stated is a mortgage within the meaning of this chapter. Source. RS 131:1. CS 137:1. GS 122:1. GL 136:1. PS 139:1. PL 215:1. RL 261:1.
479:10 Petition for Release. – 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 his estate may apply […]
479:11 Hearing; Decree. – 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 […]
479:12 Record of Decree. – 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. Source. RS 131:7. CS 137:7. GS 122:7. GL 136:7. PS 139:7. PL 215:10. RL 261:10.
479:13 Account. – 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 […]
479:14 Determination by Court. – 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 deducting rents and […]
479:15 Jury Trial. – 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. Source. RS 131:11. CS 137:11. GS 122:11. GL 136:11. PS 139:11. PL 215:14. RL 261:14.
479:16 Decree; Record. – 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 […]
479:17 Limitation of Action. – 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. Source. RS 131:12. CS 137:12. GS 122:12. GL 136:12. PS 139:12. PL 215:15. RL 261:15.
479:18 Redemption After Condition Broken. – 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 […]
479:18-a Authorization. – 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 agreement between the holder […]
479:18-b Intervening Liens. – 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. Source. 1957, 219:2, eff. July 3, 1957.
479:18-c Nature of Authority. – 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. Source. 1957, 219:3, eff. July 3, 1957.
479:18-d Severability. – 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 affected thereby. Source. 1957, 219:4, eff. July 3, 1957.
479:19 Modes. – 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 possession thereof for one year. […]
479:2 Condition. – 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. Source. RS 131:2. CS 137:2. GS 122:2. […]
479:20 Expenses. – 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. Source. RS 131:15. CS 137:15. GS 122:15. GL 136:15. PS 139:15. PL 215:18. RL 261:18.
479:21 Evidence. – 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, respectively, verified by […]
479:21-a Repealed by 2014, 198:2, eff. Jan. 1, 2015. –
479:22 Decree for Sale. – 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 […]
