New Hampshire Revised Statutes 447-A:7 – Discharge of Lien
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I. Except as provided in N.H. Rev. Stat. § 447-A:6, when the lien of a principal broker is satisfied, the principal broker shall cause a discharge of the lien to be recorded within 10 days after such lien is satisfied in the registry of deeds of the county in which the commercial real estate is located.
II. If a principal broker fails to provide a release of the lien within 60 days from receipt of payment of the lien in accordance with the payoff statement furnished to the owner by the principal broker, an attorney licensed to practice in the state of New Hampshire, may, on behalf of the owner of the commercial real estate or interest therein which is subject to the principal broker’s notice of lien, or the owner’s executor, administrator, assignee, transferee, or other successor in title, execute and cause to be recorded in the registry of deeds in which the notice of lien is recorded, an affidavit which states that:
(a) The affiant is an attorney in good standing and licensed to practice in the state of New Hampshire.
(b) The affidavit is made on behalf of, and at the request of the owner, or the owner’s executor, administrator, assignee, transferee, or other successor in title.
(c) The principal broker has provided a payoff statement with respect to the lien secured by the notice of lien.
(d) The affiant has ascertained that the principal broker has received payment of the lien secured by the notice of lien in accordance with the payoff statement, as evidenced by a bank check, certified check, or attorney’s clients’ funds account check which has been negotiated by the principal broker and bears no indication of a stop payment order or return for insufficient funds, or by other equivalent documentary evidence of such receipt of payment by the principal broker.
(e) More than 60 days have elapsed since such payment was received by the principal broker.
(f) The affiant has given the principal broker at least 15 days notice in writing by certified mail, return receipt requested sent to the principal broker’s last known address, of intention to execute and cause to be recorded an affidavit in accordance with this section, together with a copy of the proposed affidavit; and the principal broker has not delivered a release of lien in response to such notification and the owner has complied with any request made by the principal broker for additional payment at least 15 days prior to the date of the affidavit.
III. The affidavit shall include the names and addresses of both the owner and the principal broker, the date of the notice of lien, and the title reference.
IV. The affiant shall attach to the affidavit the following, certifying that each is a true copy of the original document:
(a) Photostatic copies of the documentary evidence that payment has been received by the principal broker, including the principal broker’s endorsement of any bank check, certified check, or attorney’s clients’ funds account check; and
(b) A photostatic copy of the payoff statement.
V. The affidavit when recorded, shall constitute a discharge of the notice of lien and a release of the lien created by the notice of lien on the premises.
VI. Any person who causes an affidavit to be recorded in accordance with this section, knowing the information and statements contained in the affidavit to be false, shall be guilty of false swearing pursuant to N.H. Rev. Stat. § 641:2.
VII. In this section, the term “payoff statement” means a written statement of the amount of the unpaid balance on the lien, including principal, interest, and other charges properly assessed pursuant to the principal broker’s claim for notice of lien.
II. If a principal broker fails to provide a release of the lien within 60 days from receipt of payment of the lien in accordance with the payoff statement furnished to the owner by the principal broker, an attorney licensed to practice in the state of New Hampshire, may, on behalf of the owner of the commercial real estate or interest therein which is subject to the principal broker’s notice of lien, or the owner’s executor, administrator, assignee, transferee, or other successor in title, execute and cause to be recorded in the registry of deeds in which the notice of lien is recorded, an affidavit which states that:
Terms Used In New Hampshire Revised Statutes 447-A:7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) The affiant is an attorney in good standing and licensed to practice in the state of New Hampshire.
(b) The affidavit is made on behalf of, and at the request of the owner, or the owner’s executor, administrator, assignee, transferee, or other successor in title.
(c) The principal broker has provided a payoff statement with respect to the lien secured by the notice of lien.
(d) The affiant has ascertained that the principal broker has received payment of the lien secured by the notice of lien in accordance with the payoff statement, as evidenced by a bank check, certified check, or attorney’s clients’ funds account check which has been negotiated by the principal broker and bears no indication of a stop payment order or return for insufficient funds, or by other equivalent documentary evidence of such receipt of payment by the principal broker.
(e) More than 60 days have elapsed since such payment was received by the principal broker.
(f) The affiant has given the principal broker at least 15 days notice in writing by certified mail, return receipt requested sent to the principal broker’s last known address, of intention to execute and cause to be recorded an affidavit in accordance with this section, together with a copy of the proposed affidavit; and the principal broker has not delivered a release of lien in response to such notification and the owner has complied with any request made by the principal broker for additional payment at least 15 days prior to the date of the affidavit.
III. The affidavit shall include the names and addresses of both the owner and the principal broker, the date of the notice of lien, and the title reference.
IV. The affiant shall attach to the affidavit the following, certifying that each is a true copy of the original document:
(a) Photostatic copies of the documentary evidence that payment has been received by the principal broker, including the principal broker’s endorsement of any bank check, certified check, or attorney’s clients’ funds account check; and
(b) A photostatic copy of the payoff statement.
V. The affidavit when recorded, shall constitute a discharge of the notice of lien and a release of the lien created by the notice of lien on the premises.
VI. Any person who causes an affidavit to be recorded in accordance with this section, knowing the information and statements contained in the affidavit to be false, shall be guilty of false swearing pursuant to N.H. Rev. Stat. § 641:2.
VII. In this section, the term “payoff statement” means a written statement of the amount of the unpaid balance on the lien, including principal, interest, and other charges properly assessed pursuant to the principal broker’s claim for notice of lien.