New Hampshire Servicing Reference Guide
- Kacey Olson
| Citation | Topic | Requirement |
| N.J. Stat. Ann. §2A:50-57 | Cure of Default | c. To cure a default under this section, a debtor shall not be required to pay any charge, fee or penalty attributable to the exercise of the right to cure a default as provided for in this act. e. If a default is cured prior to the filing of a foreclosure action, the lender shall not institute a foreclosure action for that default. If a default is cured after the filing of a foreclosure action, the lender shall give written notice of the cure to the court. Upon such notice, the court shall dismiss the action without prejudice. |
| N.J. Stat. Ann. §2A:50-2 | Deficiency Judgment | The action for any deficiency shall be commenced within 3 months from the date of the sale or, if confirmation is or was required, from the date of the confirmation of the sale of the mortgaged premises. In such action judgment shall be rendered and execution issued only for the balance due on the debt and interest and costs of the action. No action shall be instituted against any person answerable on the bond or note unless he has been made a party in the action to foreclose the mortgage. |
| N.J. Stat. Ann. §2A:50-58 | Entry of Final Judgment | 6. a. (1) If a plaintiff's action to foreclose a residential mortgage is uncontested, pursuant to R.4:64-1(a) of the Rules Governing the Courts of the State of New Jersey and the plaintiff chooses not to use the optional procedure for the disposition of foreclosed premises pursuant to section 11 of this act, a lender shall apply for entry of final judgment and provide the debtor with a notice, mailed at least 14 calendar days prior to the submission of proper proofs for entry of a foreclosure judgment, providing the debtor with the name and address of the lender and the telephone number of a representative of the lender whom the debtor may contact to obtain the amount required to cure the default, and advising that, absent a response from the debtor pursuant to paragraph (2) of this subsection a., proper proofs will be submitted for entry of final judgment in the foreclosure action and that upon entry of final judgment, the debtor shall lose the right, provided pursuant to section 5 of this act, to cure the default. The lender shall attach a copy of the required 14-day notice to the application for final judgment. The manner and address for mailing and the effective date of the notice shall be the same as set forth in subsection b. of section 4 of this act. b. (1) If a plaintiff's action to foreclose a residential mortgage is uncontested, pursuant to R.4:64-1(a) of the Rules Governing the Courts of the State of New Jersey and the lender chooses to use the optional procedure for the disposition of the foreclosed premises pursuant to section 11 of this act, the lender shall provide the debtor with a notice, mailed at least 14 calendar days prior to filing an affidavit or certification with the office or court pursuant to subsection f. of section 11 of this act. |
| N.H. Rev. Stat. Ann. §479:7(I) | Mortgage Discharge | The mortgagee, within 60 days after said mortgage is satisfied and having reasonable charges tendered to the mortgagee, shall cause the discharge of the mortgage to be recorded in the registry of deeds where the land lies. The recording fees associated with the discharge of mortgage may be charged to the mortgagor, if the mortgagor received written disclosure that such fees would be so charged. The mortgagee shall provide written confirmation of the discharge within the 60-day period to the payor of the final payment in satisfaction of the mortgage. |
| N.H. Rev. Stat. Ann. §529:20a | Notice of Homestead Exemption | Along with the Notice of the time and place of sale under N.H. Rev. Stat. Ann. §529:20, the party in whose name the execution has issued must provide to any person who resides or appears to reside on the real estate to be sold, a homestead notice by certified mail. |
| Banks and Banking; Loan Associations; Credit Unions / N.H. Rev. Stat. Ann. §397-A:16-a(X) | Notice of Intent to Foreclose | At least 15 days prior to the commencement of any foreclosure proceedings of any note secured by a second mortgage, the lender must send to the borrower by registered mail a statement of the lender's intention to foreclose. The statement must specify the amount of principal, interest and other indebtedness, if any, owing and accruing under the note and mortgage. A lender may not commence foreclosure proceedings until the above foreclosure statement requirements have been met. |
Notice of Pendency - Judicial | In every action, instituted in any court of this State having civil jurisdiction or in the United States District Court for the District of New Jersey, the object of which is to enforce a lien upon real estate or to affect the title to real estate or a lien or encumbrance thereon, plaintiff or his attorney shall, after the filing of the complaint, file in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county in which the affected real estate is situate, a written notice of the pendency of the action, which shall set forth the title and the general object thereof, with a description of the affected real estate. No notice of lis pendens shall be filed under this article in an action to recover a judgment for money or damages only. | |
| N.J. Court Rules R 4:65-2 | Notice of Sale - Judicial | The party who obtained the order or writ shall, at least 10 days prior to the date set for sale, serve a notice of sale by registered or certified mail, return receipt requested, upon (1) every party who has appeared in the action giving rise to the order or writ and (2) the owner of record of the property as of the date of commencement of the action whether or not appearing in the action, and (3) except in mortgage foreclosure actions, every other person having an ownership or lien interest that is to be divested by the sale and is recorded in the office of the Superior Court Clerk, the United States District Court Clerk or the county recording officer, and in the case of personal property, recorded or filed in pertinent public records of security interests, provided, however, that the name and address of the person in interest is reasonably ascertainable from the public record in which the interest is noted. |
| Conveyances and Mortgages of Realty / N.H. Rev. Stat. Ann. §479:25 | Notice of Sale - Non-Judicial | A sale under and by virtue of a power of sale will not be valid and effectual to foreclose a mortgage unless a Notice of Sale is provided. A copy of the Notice of Sale must be served upon the mortgagor or sent by registered or certified mail to the mortgagor's last known address at least 25 days prior to the date of the sale. The Notice of Sale must also be sent to any person having a lien of record on the mortgaged premises provided that the lien is recorded at least 30 days before the date of the sale in the registry of deeds. The notice must be sent at least 21 days prior to date of the sale. In addition, the Notice of Sale must be published once a week for 3 successive weeks in some newspaper of general circulation within the town or county in which the property is located. |
| N.J. Stat. Ann. §46:10B-51(a) | Notice of Summons and Complaint - Judicial | a. (1) A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in this State shall, within 10 days of serving the summons and complaint, notify the municipal clerk of the municipality in which the property is located that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations, may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the municipal clerk. In the event the creditor that has served a summons and complaint in an action to foreclose on a residential property is located out-of-State, the notice shall also contain the full name and contact information of an in-State representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned. If the municipality has appointed a public officer pursuant to P.L.1942, c. 112 ( C.40:48-2.3 et seq. ), the municipal clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code. |
| Executions, Levies, Bail, And The Relief Of Poor Debtors / N.H. Rev. Stat. Ann. §529:20 | Notice of Time and Place of Sale | Notice of the time and place of sale shall be given to the debtor, or left at his abode if he resides in the state, except as provided in the following section, and a like notice shall be posted at two of the most public places in the town in which the property is situate, thirty days before the sale. |
| N.J. Stat. Ann. §2A:50-70(c) | Notice to Tenants - Judicial | 2. a. A person who takes title, as a result of a sheriff's sale or deed in lieu of foreclosure, to a residential property containing one or more dwelling units occupied by residential tenants, shall provide notice to the tenants, in both English and Spanish, no later than 10 business days after the transfer of title, in accordance with the provisions of subsection c. of this section. b. (1) The notice required pursuant to subsection a. of this section shall be printed in no less than 14 point bold point type, on paper at least eight and one-half inches by 11 inches in size, and shall contain contact information, including the name, mailing address, e-mail address, and telephone number of the new owner or a person authorized to act on behalf of the new owner. c. (1) In buildings containing 10 or fewer dwelling units, the new owner shall make a good faith effort to obtain the names of all tenants occupying the property for which a notice is required pursuant to subsection a. of this section. The notice shall be addressed to tenants by name; provided, however, that in the event a good faith search fails to identify the tenant by name, the new owner shall address the notice required pursuant to subsection a. of this section to "Tenant." The new owner shall post the notice prominently on the front door of each tenant's unit and send the notice to each tenant via certified and regular mail. (2)In a residential property containing more than 10 dwelling units, the new owner shall provide notice to tenants occupying the property for which notice is required pursuant to subsection a. of this section by causing a copy of the notice to be conspicuously displayed in a prominent place in a common area of each residential building or structure on the property. If there is no common area, the notice shall be posted in a conspicuous location in each building or structure on the premises, including, but not limited to the walls of the front vestibule or any foyer or hallway near the main entrance of the building or structure. |
| N.J. Stat. Ann. §2A:50-64(b) | Post Sale Deed | b. At the conclusion of the sheriff's sale, the attorney for the plaintiff may prepare and deliver to the sheriff a deed in the form provided pursuant to paragraph (5) of subsection a. of this section for the sheriff's execution and the deed shall be delivered to the sheriff within 10 days of the date of the sale. The sheriff shall be entitled to the authorized fee, as a review fee, even if the plaintiff's attorney prepares the deed. |
| N.H. Rev. Stat. Ann. §479:26 | Release and Deed Recording | 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 county where the property is situated; and such affidavit or a duly certified copy of the record thereof shall be evidence on the question whether the power of sale was duly executed. If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay. If such recording is, in accordance with the provisions of this chapter, made more than 60 days after the sale, the reasons therefor shall be set forth fully and particularly in the affidavit. |