What is a Lien in New Hampshire?
A lien in New Hampshire is a legal claim on an asset/property to secure payment of a debt or completion of an obligation. Per Title XLI (Liens) of the New Hampshire Statutes, liens may be placed on a property by individual creditors, corporations, and public entities. Essentially, a lien provides a legal means for a lienholder or creditor to recover money or obtain compensation for unpaid services. A lien may be placed on real estate, motor vehicles, or the owing party's personal properties.
A New Hampshire lien can either be specific or general. A specific lien is attached to a particular collateral asset. Specific liens can also be placed on properties because of overdue payments. Unlike a specific lien, a general lien does not attach to a particular asset. Instead, it applies to all assets - real and personal properties - except those excluded by the law. New Hampshire courts oversee the establishment and enforcement of liens. However, the creditor is entirely responsible for collecting their entitlements or judgments.
Are Liens Public in New Hampshire
Yes, liens are public records in New Hampshire and can be searched at the county registry of deeds where the property is located. However, they seize to exist after the terms of the lien have been satisfied or it expires.
Types of Lien in New Hampshire
Several types of liens in New Hampshire can be attached to both real and personal property. Real property liens are placed on land and other permanently fixed items, like buildings. Meanwhile, personal property liens apply to movable assets such as cars, bikes, boats, and appliances. Other types of liens in New Hampshire include tax liens, mortgage liens, mechanics liens, UCC liens, and judgment liens.
In New Hampshire, a tax lien can be filed by the state, local, or federal authorities. For example, if an individual or business fails to pay income taxes, the Internal Revenue Service can place a lien on the party's property for the amount owed. This lien remains on the property until the owed taxes are paid. On the other hand, a mortgage lien is placed on a property when someone borrows money to purchase a house. Upon failing to pay back the loan, the creditor may repossess the property to satisfy the debt.
Mechanics liens are established by statute. When a contractor, material supplier, equipment renter, or other professionals who perform services for the construction or maintenance of real property are not paid, those parties can file a mechanic lien against the property in question. This lien can be filed against property that is being built or renovated.
The Uniform Commercial Code (UCC) lien is used in commercial transactions. Creditors may file a UCC lien with the Secretary of State and place a claim on the debtor's property until the debt is settled.
Finally, New Hampshire courts can place a judgment lien on a property after a creditor wins a money judgment in a court of law. The winner of the lawsuit (who becomes the judgment creditor) can attach the lien upon the losing side's property if that side fails to pay the awarded sum.
How Do I Check for Liens in New Hampshire?
Liens are considered public record in New Hampshire. Hence, to check for liens against property, an individual can contact the government agency that recorded the lien to ask for the record. Also, some government agencies provide information about liens on their websites. People can use the search engines on those websites to find liens.
For information on UCC liens filed in New Hampshire, people should call the Secretary of State's UCC Division at _(603) 271-3276_from Monday through Friday, 8:00 a.m. to 4:30 p.m., or email them at ucc@sos.nh.gov.
Free Lien Search in New Hampshire
To conduct a free lien search in New Hampshire, requestors may visit the website of the agency that recorded the lien. However, complete information about the lien may not be provided online. For complete lien information, the requesting party will be required to query the recorder's office directly.
The lien available online includes:
- Status of lien
- Name and location of the lienholder
- Name and address of the lienee
- The date when the document was recorded
What is a Property Lien in New Hampshire?
A property lien in New Hampshire is attached to a property because of debt. A creditor can claim a property because the owner owes them. Typically, a property lien can be attached to any real or personal property except otherwise provided by law.
A statutory lien on personal property allows individuals who repaired any personal property worth $1000 or less to retain the property until the owner pays the amount due for the repairs. Upon expiry of the repayment deadline, the service provider may sell the property and use its proceeds to settle debts. A notice of sale must be issued within fourteen days before the sale occurs. Upon demand, any balance of the proceeds is given to the owner.
Other property lien attachments in the state include liens for labor and materials, jewelers' liens, tax liens, judgment liens, and mechanics' liens.
How Do You Know if a Property Has a Lien in New Hampshire?
The best way to know if a property has a lien in New Hampshire is to conduct a title search at the Register of Deeds office in the county where the property is located. A title search confirms the legal owner of a property and reveals any liens filed against the property.
Property Lien Search by Address in New Hampshire
Interested persons can conduct a property lien search by address in New Hampshire by contacting the New Hampshire county register of deeds. All property-related documents are stored and maintained at the Registry of Deeds office. When a lien is put against real estate in New Hampshire, the lien is recorded there and a notice is sent to the mortgage holder. The property owner's name is typically used in searches of the registers of deeds records. If only the property's address is known, anyone can use that information to conduct a preliminary owner search at the county recorder's office in the city. The Register of Deeds office then allows for a search to be made using the name of the property owner, both in person and online.
Free Property Lien Search by Address
Members of the public can perform a free property lien search by address by visiting the county assessor's office in the county where the property is located. The state typically keeps current property-related information in the county assessors' offices. For instance, it is possible to conduct lien searches for properties in the city of Manchester, New Hampshire, by visiting the county assessor's website and submitting an information request form with the name of the desired property. Free property lien searches can also be performed by visiting the registry of deeds in the different counties in state.
What is a Tax Lien in New Hampshire?
A tax lien in New Hampshire is a lien attached to a delinquent taxpayer's property. Failure of individuals to pay outstanding taxes, fines, interest, or comply with the state's tax laws may lead to a lien placed on their assets - real or personal properties, bank accounts, and related items. Typically, the liened property is subject to a tax sale if the owner does not pay the outstanding debts. However, state laws (Section 21-J:28-b) permit the taxpayer to petition the Department of Revenue Administration for reconsideration within sixty days of receiving a notice from the department.
Tax Lien Lookup in New Hampshire
In New Hampshire, interested parties can seek a tax lien by visiting the Department of Revenue Administration (DRA) website and using the Property Tax Data Search function to look for tax information on a property. With the help of this tool, users can look up properties by owner name, address, or property identification number. Users can access details about a property, including any active tax liens, once it has been discovered. For additional information about a specific property or tax lien, interested parties can also contact the DRA directly. The department's office is located at
New Hampshire Department of Revenue Administration
Governor Hugh Gallen State Office Park
109 Pleasant Street (Medical & Surgical Building)
Concord, NH 03301
What is a Mortgage Lien in New Hampshire?
In New Hampshire, a mortgage is a loan obtained to purchase or refinance real estate. Hence a New Hampshire mortgage lien is attached to the property bought with the loan. The property with the lien stands as collateral, and the owner's failure to reimburse the creditor may result in foreclosure.
Mortgage liens are usually necessary when acquiring a mortgage from a creditor. It stands as security that ensures creditors recover their money if the loan is not repaid.
Unlike other property liens, a mortgage lien is only placed on the mortgaged property, not on any other property.
What is a Mechanics Lien in New Hampshire?
A mechanics' lien in New Hampshire is a legal remedy for unpaid individuals who performed labor or furnished materials for construction projects. Per Chapter 447 (Liens For Labor And Materials) of the New Hampshire Statutes, such construction projects include labor performed or materials supplied for vessels, buildings, railroads, and lumber works. As a remedy, a lien is put on construction projects till payment of the due amount.
The lienholder must serve a notice of liens to the property owner thirty days after providing labor or materials. The lien claimant must file a lawsuit in court within 120 days of labor or materials last provided.
Following the state statutes (Section 447:12-a), mechanics' liens are prioritized over mortgage liens placed on the construction project.
What is a UCC Lien?
A UCC (Uniform Commercial Code) lien in New Hampshire allows creditors to notify other parties of a debtor's collateral assets to claim. UCC filings or liens establish a creditor's precedence claim, over other creditors, on these assets. The NH Secretary of State handles UCC filings within the state.
How to Conduct a UCC Lien Search
Interested persons can conduct a UCC lien search by making search requests to the New Hampshire office of the Uniform Commercial Code. A requestor may provide the debtor's name associated with the desired lien records in order to request a search of the records from the searchable index of the UCC information management system. Requests can be made either online or in-person by visiting the office. The New Hampshire office of uniform commercial code is located at
Uniform Commercial Code
N.H. Department of State
107 North Main Street
Concord, NH 03301-4989
What is a Judgment Lien?
A judgment lien in New Hampshire occurs in a civil case when a judge orders a lien to be attached to a defendant's property in favor of the plaintiff. Following Chapter 511-A of the New Hampshire Statutes, the defendant's real and personal properties liable to a lien become collateral that the plaintiff may seize or sell to satisfy the judgment.
If the defendant objects to the judgment lien, the court schedules an appeal hearing within 14 days of the objection. Both parties will present arguments, and the plaintiff must show that the property attachments are equivalent to the amount owed.
Any real and personal property that a judgment lien is put upon shall be held for six years from the date of judgment entry, after which it expires.
What is a Federal Tax Lien
When someone disregards or refuses to pay a tax debt, the government may have a legal claim over that person's property in the form of a federal tax lien. The government's interest in all of a citizen's possessions, including land, personal property, and financial assets, is safeguarded by the lien. The Internal Revenue Code (IRC) specifies the circumstances under which a federal tax lien can be filed and the notice of federal tax lien that must be filed publicly with state and municipal authorities to notify other creditors of the IRS's lien interest. In general, the location of federal tax liens filed in New Hampshire is determined by RSA 454-B:2 and 26 U.S.C. 6323(f). The registry of deeds in the county where the real estate subject to the lien is located is where a federal tax lien on a property is recorded. A federal tax lien on personal property may be filed in either the secretary of state's office or the city or town clerk's office, depending on the type of lien, and where the person whose interest the lien applies resides.
What is a Lien Title?
A legal claim to a person's property is known as a lien title. Anyone who provides financing for the purchase of real estate is likely to hold a lien on the funded asset. The lien will be lifted and the property will be the owner's "free and clear" possession if they adhere to the terms of the agreement. The lien guarantees the lender that, in the event that payments aren't made on time, they have the right to seize the subject property and sell it to cover their losses. A lienholder is an organization or person who is in possession of the lien, or legal claim, on a property up until the loan's conditions are met.
Where and How to Do a Title Search in New Hampshire
To perform a title search in New Hampshire interested persons can visit the county registry of deeds in the county where the property is located. All real estate transactions in the county are kept on file with the registration of deeds. The name, address, or property identification number of the owner of the property can be used to obtain land records in New Hampshire. Anyone can review the property's title after examining the land records. The title will list the present owner of the property, any liens or mortgages that may impact that ownership, as well as any additional encumbrances. Interested persons can also perform land title searches by vising the website of the New Hampshire secretary of state this website contains information that may be useful in researching land title records in the state.
Voluntary Lien vs. Involuntary Lien in New Hampshire?
A voluntary lien in New Hampshire applies to mortgages and personal/business loans where the owner approves the collateral used to obtain the loan. In this type of lien, debtors are aware of the lien placed upon their assets. The lien is valid until the payment of the due amount. Failure to pay debts results in the seizure of assets by the creditor. Unlike a voluntary lien, an involuntary lien does not require the asset owner's permission before a lien is attached to the property.
How Creditors Collect Payment Through a Lien
To collect payment through a lien, creditors in New Hampshire can use the power given to them by the law to seize or sell a debtor's property. In extreme situations, legal action may be brought against the debtor.
How Do I Get a Lien Removed in New Hampshire?
The best way to remove a lien in New Hampshire is to pay what is owed. The lienholder will then remove the lien by filing a release or cancellation with the Register of Deeds in the county where the lien was recorded.
Debtors can also remove a lien in New Hampshire by challenging it in a court of law. The court will nullify the lien if the lienholder cannot prove the legitimacy of the lien. Afterward, the lienholder must discharge the lien at the Registry of Deeds.
How Long Does a Lien Stay on Your Property in New Hampshire?
The length of time a lien stays on a property in New Hampshire depends on the type of lien. Tax liens, mortgage liens, and UCC liens typically remain until the debt is repaid, while mechanics liens and judgment liens remain for six years.
How to Avoid a Lien in New Hampshire
To avoid a lien on a property in New Hampshire, an individual must ensure the timely payment of dues, bills, and taxes. Also, staying away from debt and meeting financial agreements before the due date will ensure that no lien is recorded against their property.
