479:23 Report of Sale. – 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 […]
479:24 Confirmation of Sale. – 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. Source. 1899, 19:2. PL 215:22. RL 261:22.
479:25 Sale Under the Power. – 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; […]
479:26 Return; Effect. – 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 […]
479:27 Mortgagee May Buy. – 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. Source. 1899, 19:5. PL 215:25. RL 261:25.
479:27-a Foreclosure on Personalty. – 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 property as a […]
479:28 Void After 50 Years. – From and after January 1, 1960, all undischarged mortgages of real estate which shall have been on record for a period of more than 50 years and which attain such age subsequent to January 1, 1960, shall be void; provided, however, that a mortgagee or assignee of such […]
479:29 Exception. – RSA 479:28 shall not apply to mortgages held by banks, trust companies, building and loan associations and federal savings and loan associations, whether as named mortgagee or assignee of record. Source. 1957, 256:1, eff. Sept. 27, 1957.
479:3 Priority of Advances Under a Recorded Mortgage. – Subject to the provisions on priority in RSA 447:12-a, a recorded mortgage takes priority as of the date of its recording as to advances or obligations thereafter made or incurred that do not exceed the maximum amount stated in the mortgage. Source. RS 131:3. CS […]
479:30 Real Estate Appraisals. – Whenever a person pays a fee to any bank, mortgage company or other lending institution for a real estate appraisal which is a component of his application for a loan, he shall have the right to receive from such bank or lending institution one copy of the original appraisal […]
479:4 Repealed by 1985, 82:2, eff. July 9, 1985. –
479:5 Present Agreement. – A mortgage or deed of trust which purports to be given in whole or in part as security for notes or bonds thereafter to be issued or other expectant future obligations and which states the nature of the obligations designed to be secured by it, the amount thereof presently to […]
479:6 Performance. – Upon the performance of the acts stated in the condition of a mortgage and the payment of all damages and costs arising by reason of the nonperformance of such condition according to the terms thereof, or upon the legal tender of such performance and payment, the mortgage shall be void. Source. […]
479:7 Discharge; Record. – I. When a mortgage upon real estate is satisfied, the mortgagee shall give the mortgagor a discharge thereof. Said discharge shall be in the form of a written document and shall be signed by the mortgagee, his executor, administrator, successor, or assign whose signature shall be witnessed or acknowledged and […]
479:7-a Discharge by Affidavit. – I. Notwithstanding the provisions of RSA 479:10, if such mortgagee fails to make such discharge of the mortgage within 60 days from receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the mortgagee; the mortgagor or the mortgagor’s executor, administrator, assignee, […]
479:8 Penalty. – Any mortgagee violating the provisions of RSA 479:7, or any mortgagee who after the satisfaction of the mortgage refuses to give a sufficient discharge of such mortgage, shall be liable for damages to the mortgagor at the rate of $200 for each week after the expiration of the 60 days up […]
479:9 Informal Discharges, Validated. – Every duly recorded satisfaction piece or instrument executed prior to January 1, 1980, with intent to cancel and discharge or assign a mortgage of real estate, fully identifying the mortgage so intended to be canceled and discharged or assigned, but not drawn in formal accordance with statutory requirements, shall […]
