SB 345 - AS AMENDED BY THE SENATE

2/17/00 3366s

2000 SESSION

00-2663

08/09

SENATE BILL 345

AN ACT relative to real estate transfers.

SPONSORS: Sen. Gordon, Dist 2

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Exempts transfers involving $4,000 or less from the requirement to file an inventory of property transfers.

II. Provides that any reconveyance of tax-deeded property by a municipality to a former owner is subject to reattachment of any former liens and recognition of the interest of any former co-owners.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/17/00 3366s

00-2663

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to real estate transfers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Real Property; Inventory of Property Transfers; No Filing Required for Certain Transfers. Amend RSA 74:18 by inserting after paragraph II the following new paragraph:

II-a. No filing shall be required under this section for any transfer of real estate or interest in real estate made for no consideration or for consideration of $4,000 or less.

2 Transfer of Tax Lien; Sale of Property Taken in Default of Redemption. Amend RSA 80:42, V to read as follows:

V. For purposes of this section, the authority to dispose of the property "as justice may require" shall include the power of the selectmen or mayor to convey the property to a former owner[, or to a third party for benefit of a former owner,] upon such reasonable terms as may be agreed to in writing, including the authority of the municipality to retain a mortgage interest in the property, or to reimpose its tax lien, contingent upon an agreed payment schedule, which need not necessarily reflect any prior redemption amount. Any such agreement shall be recorded in the registry of deeds. This paragraph shall not be construed to obligate any municipality to make any such conveyance or agreement. Any such reconveyance to a former owner shall be subject to the provisions of RSA 80:88, I and RSA 80:89, III, IV, and VI.

3 Real Estate; Transfer of Tax Lien. Amend RSA 80:80, VI to read as follows:

VI. For purposes of this section, the authority to dispose of the property "as justice may require" shall include the power of the selectmen or mayor to convey the property to a former owner[, or to a third party for benefit of a former owner,] upon such reasonable terms as may be agreed to in writing, including the authority of the municipality to retain a mortgage interest in the property, or to reimpose its tax lien, contingent upon an agreed payment schedule, which need not necessarily reflect any prior redemption amount. Any such agreement shall be recorded in the registry of deeds. This paragraph shall not be construed to obligate any municipality to make any such conveyance or agreement. Any such reconveyance to a former owner shall be subject to the provisions of RSA 80:88, I and RSA 80:89, III, IV, and VI.

4 Effective Date. This act shall take effect January 1, 2001.