Law

RSA 80 Collection of Taxes

New Hampshire · 80 · statute

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Contents: 105 provisions
  1. 80:1 When Payable.
  2. 80:1-a Prepayment of Resident Tax.
  3. 80:2 Distraint.
  4. 80:2-a Relocation of Buildings or Structures.
  5. 80:3 Notice to Director of Division of Motor Vehicles of Default in Payment.
  6. 80:4 Powers of Collector.
  7. 80:5 Notice to Persons.
  8. 80:6 Notice to Corporations.
  9. 80:7 Contractors' Taxes.
  10. 80:7-a Subcontractors' Taxes.
  11. 80:7-b User's Taxes.
  12. 80:7-c Exemption From Attachment.
  13. 80:8 Distraint.
  14. 80:9 Exemption From.
  15. 80:10 Procedure.
  16. 80:11 Account of Taxes, Charges, Etc.
  17. 80:12 to 80:15 Repealed by 1971, 227:2, eff. Aug. 17, 1971.
  18. 80:16 Removal; Nonresidents.
  19. 80:17 Corporations.
  20. 80:18 Separate Interests in Land.
  21. 80:18-a Definition; Mortgage; Manufactured Housing.
  22. 80:19 Lien; Special Assessments and Agreements.
  23. 80:19-a Environmental Investigation.
  24. 80:20 Sale.
  25. 80:20-a Alternate Tax Lien Procedure.
  26. 80:21 Notice of Sale.
  27. 80:22 Report to Register.
  28. 80:23 Record as Evidence.
  29. 80:24 Conduct of Sale.
  30. 80:24-a Repealed by 1989, 402:3, eff. June 5, 1989.
  31. 80:25 Adjournment; Sale by Agent.
  32. 80:26 Right to Purchase.
  33. 80:27 Report of Sale.
  34. 80:28 Notice by Purchaser to Mortgagee.
  35. 80:29 How Given.
  36. 80:30 Fees for Notice.
  37. 80:31 Real Estate Subject to Liens for Old Age Assistance.
  38. 80:32 Redemption.
  39. 80:33 Notice of.
  40. 80:33-a Partial Payments in Redemption.
  41. 80:34 Receipt and Payment Over.
  42. 80:35 Part Owners.
  43. 80:36 Record to be Kept by Register.
  44. 80:37 Payment of Subsequent Tax.
  45. 80:38 Tax Deed.
  46. 80:38-a Notice to Current Owner.
  47. 80:38-b Notice to Mortgagees.
  48. 80:39 Incontestability.
  49. 80:40 Return of Reports.
  50. 80:41 Penalty for Excessive Fees.
  51. 80:42 Transfer of Tax Lien; Sale of Property Taken in Default of Redemption.
  52. 80:42-a Retention for Public Use.
  53. 80:43 Sale of Real Estate.
  54. 80:44 Sale of Personal Property.
  55. 80:45 Repealed by 1971, 227:4, eff. Aug. 17, 1971.
  56. 80:46 Register of Deeds.
  57. 80:47 Repealed by 1971, 292:2, eff. Aug. 22, 1971.
  58. 80:48 Saving Clause.
  59. 80:49 Liability of Collector.
  60. 80:50 Collection by Suit.
  61. 80:51 Actions Against Nonresidents.
  62. 80:52 Discount.
  63. 80:52-a Prepayment.
  64. 80:52-b Checks Tendered in Payment of Taxes.
  65. 80:52-c Electronic Payment.
  66. 80:53 Repealed by 1969, 206:3, eff. Aug. 4, 1969.
  67. 80:54 Calendar Days.
  68. 80:55 Timely Mailing.
  69. 80:56 Uncollectible Remittances.
  70. 80:57 Refund of Overpayments.
  71. 80:58 Corporations.
  72. 80:59 Real Estate Tax Lien; Optional Procedure.
  73. 80:60 Notice of Lien.
  74. 80:61 Affidavit of Execution of Real Estate Tax Lien.
  75. 80:62 Postponement of Execution; Execution of Tax Lien by Agent.
  76. 80:63 Right to Tax Lien.
  77. 80:64 Report of Tax Lien.
  78. 80:65 Notice by Lienholder to Mortgagee.
  79. 80:66 How Notice Shall be Given.
  80. 80:67 Fees for Notice.
  81. 80:68 Real Estate Subject to Liens for Old Age Assistance.
  82. 80:69 Redemption.
  83. 80:70 Notice of Redemption.
  84. 80:71 Partial Payments in Redemption.
  85. 80:72 Receipt for Redemption and Payment to Lienholder.
  86. 80:73 Part Owners.
  87. 80:74 Record to be Kept by Register of Deeds.
  88. 80:75 Payment of Subsequent Tax.
  89. 80:76 Tax Deed.
  90. 80:77 Notice to Current Owner.
  91. 80:77-a Notice to Mortgagees.
  92. 80:78 Incontestability.
  93. 80:79 Return of Reports.
  94. 80:80 Transfer of Tax Lien.
  95. 80:81 Executing Real Estate Tax Lien.
  96. 80:82 Register of Deeds.
  97. 80:83 Exception.
  98. 80:84 Amendments of Inventories and Tax Lists.
  99. 80:85 Lien Procedure; Land Use Change Tax.
  100. 80:86 Tax Lien on Real Estate.
  101. 80:87 Procedure for Adoption.
  102. 80:88 Distribution of Proceeds From the Sale of Tax-Deeded Property.
  103. 80:89 Notice to Former Owner and Opportunity for Repurchase.
  104. 80:90 Definitions.
  105. 80:91 Liability and Obligations Limited.

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105 provisions

80:68 Real Estate Subject to Liens for Old Age Assistance.

No tax lien on real estate upon which there is a lien for aid to permanently and totally disabled or for old age assistance recorded in the registry of deeds shall be valid as against the state of New Hampshire unless the real estate lienholder shall notify in writing the commissioner of health and human services, within 60 days from the date of acquiring the lien. Such notice shall contain the date of the execution of the real estate lien, the name of the delinquent taxpayer, the total amount of the real estate lien and amount of costs for notifying the commissioner of health and human services. Such costs shall be the same as for notifying mortgagees. Source. 1987, 322:1, eff. Jan. 1, 1988. 2023, 42:1, eff. July 18, 2023.

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80:69 Redemption.

Any person with a legal interest in land subject to a real estate tax lien may redeem the same by paying or tendering to the collector, at any time before a deed thereof is given by the collector, the amount of the real estate lien, with interest at 14 percent per annum upon the whole amount of the recorded lien from the date of execution to the time of payment in full, except that in the case of partial payments in redemption made under RSA 80:71, the interest shall be computed on the unpaid balance, together with redemption costs and costs for identifying and notifying the mortgagees, if any. In case the tax collector who executed the tax lien against the property in question shall have died, become incapacitated, been removed from office or removed from the town or city or shall have been discharged from his or her bond by the selectmen or assessors, then the person with the legal interest in redeeming the property may tender such sums to the tax collector then in office of said city or town. Upon advice from the selectmen or assessors that the amount tendered is the correct amount due, the tax collector shall accept said amount for the redemption of the property. Source. 1987, 322:1. 1991, 54:6, eff. April 1, 1992. 2018, 282:5, eff. Apr. 1, 2019.

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80:70 Notice of Redemption.

When full redemption is made, the tax collector shall within 30 days after redemption notify the register of deeds of the act, giving the name of the person redeeming, the date when redemption was made, the date of the execution of the tax lien and a brief description of the real estate in question, together with the name of the person or persons against whom the tax was levied. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:71 Partial Payments in Redemption.

Any person with a legal interest in real estate upon which a real estate tax lien has been executed may make partial payments in redemption to the collector of taxes who shall receive the same and give a receipt therefor. The collector shall pay over such sums to the town treasurer. If complete redemption is not made before a deed of the real estate is given to the lienholder, the collector of taxes shall within 10 days direct the selectmen to issue an order upon the town treasurer to refund to the person making such partial payments or his heirs or assigns the sum so paid. The selectmen shall promptly issue such order. If the order is not issued within 30 days of the time the collector directs that the order be issued, the sum to be refunded shall draw interest at the rate of 6 percent per annum from the date the sum was directed to be paid to the date of actual payment. Source. 1987, 322:1. 1991, 54:7, eff. April 1, 1992.

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80:72 Receipt for Redemption and Payment to Lienholder.

Upon complete redemption, the collector shall give a receipt therefor, and shall pay over the money so paid to the real estate tax lienholder upon demand. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:73 Part Owners.

Each person having a legal interest with others in any taxable real estate may pay his proportion of the tax assessed thereon, provided that his share or interest therein shall have been definitely determined and recorded in the annual invoice and in the warrant book as committed to the collector. In case of tax delinquency he may pay the taxes upon his share or interest in the property and the residue only may be subject to the real estate tax lien. After the real estate tax lien has been executed by the tax collector, and at any time before a deed thereto is given by the collector, he may redeem his interest in the property by paying his assessed proportion of the taxes, accrued interest and costs incident to the real estate tax lien process. Source. 1987, 322:1. 1991, 54:8, eff. April 1, 1992.

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80:74 Record to be Kept by Register of Deeds.

The register of deeds shall record all the facts reported to the register of deeds under RSA 80:64, 70, 75 and 76, and any other facts required to be reported by the tax collectors of his or her county in an acceptable recording method. He or she shall keep an index thereof showing the location of the property and the names of the owners to whom taxed, the names of delinquents, the holder of the real estate tax lien, and the names of those who pay delinquent taxes or redeem from the real estate tax lien. The index may be the same as that for other records in the office or a separate one, as each register shall determine. All documents received by the register from the tax collector shall be returned to the tax collector within 30 days. Source. 1987, 322:1. 2008, 322:3, eff. Aug. 31, 2008.

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80:75 Payment of Subsequent Tax.

I. For purposes of this section, "subsequent tax" shall mean any tax assessed upon the real estate subsequent to that for which it was liened by a municipality, a county or the state. The municipality, county, or state as holder of the tax lien may pay to the collector any subsequent tax after the final installment of said tax for that year is delinquent, and the collector shall, within 30 days after such payment of subsequent tax, notify the register of deeds of the payment, giving the date and the amount of such payment and the name of the municipality, county, or state so paying, together with the date of the tax lien, the name of the person taxed, and a description of the property subject to tax lien as shown in the report recorded in the registry of deeds. The collector of taxes shall receive $2 for such notice to the register of deeds of the subsequent payment plus $2 to be paid to the register of deeds. II. The municipality, county or state as holder of the tax lien, within 30 days of payment of the subsequent tax, shall notify the current owner, if known, or the person as shown in the report of tax lien by certified mail. At the same time, the holder of the tax lien shall personally, or by certified mail, notify any mortgagee who was previously notified relative to the execution of the tax lien of his payment of the subsequent tax. The lienholder paying the subsequent tax shall receive $10 for each notice to the current owner, if known, or the person as shown in the report of tax lien, together with expenses for sending the notice by certified mail, and a $10 fee for each notice sent or given to a mortgagee, together with expenses for sending the notice by certified mail. III. When a municipality is the lienholder and the municipality pays a subsequent tax and the selectmen direct the collector of taxes, as agent of the municipality, to give such notice of said payment to any owner and to any mortgagee as provided above, the collector of taxes shall receive the same fees provided for the lienholder for his service. The amount of subsequent taxes paid, together with interest on such taxes at the rate of 14 percent per annum from the date of payment shall, in addition to the tax lien amount at the time of execution with interest and costs, be paid by the person making redemption. Source. 1987, 322:1. 1992, 54:3, eff. Jan. 1, 1993. 2018, 282:6, eff. Apr. 1, 2019.

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80:76 Tax Deed.

I. The collector, after 2 years from the execution of the real estate tax lien, shall execute to the lienholder a deed of the land subject to the real estate tax lien and not redeemed. The deed shall be substantially as follows: Know all men by these presents, That I, __________ , collector of taxes for the Town of __________ , in the County of __________ and State of New Hampshire, for the year 19 ___ , by the authority in me vested by the laws of the state, and in consideration of __________ to me paid by __________ , do hereby sell and convey to __________ , the said __________ , (here describe the land sold), to have and to hold the said premises with the appurtenances to __________ , forever. And I do hereby covenant with said __________ , that in making this conveyance I have in all things complied with the law, and that I have a good right, so far as the right may depend upon the regularity of my own proceedings, to sell and convey the same in manner aforesaid. In witness whereof I have hereunto set my hand and seal the __________ day of __________ , __________ . Signed, sealed and delivered in the presence of __________ . II. Notwithstanding the provisions of paragraph I, the collector shall not execute a deed of the real estate to a municipality when the governing body of the municipality has notified the collector that it shall not accept the deed because acceptance would subject the municipality to potential liability as an owner of property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., RSA 147-A and 147-B, and any other federal or state environmental statute which imposes strict liability on owners for environmental impairment of the real estate involved. II-a. In addition to the circumstances described in paragraph II, the governing body of the municipality may refuse to accept a tax deed on behalf of the municipality, and may so notify the collector, whenever in its judgment acceptance and ownership of the real estate would subject the municipality to undesirable obligations or liability risks, including obligations under real estate covenants or obligations to tenants, or for any other reason would be contrary to the public interest. Such a decision shall not be made solely for the private benefit of a taxpayer. III. When a governing body has, under paragraph II or II-a, served notice upon the collector it shall not accept the deed, the tax lien shall remain in effect indefinitely, retaining its priority over other liens. The taxpayer's right of redemption as provided by RSA 80:69 shall likewise be extended indefinitely, with interest continuing to accrue as provided in that section. The tax lien may be enforced by the municipality by suit as provided under RSA 80:50, and through any remedy provided by law for the enforcement of other types of liens and attachments. If at any time, in the judgment of the municipal governing body, the reasons for refusing the tax deed no longer apply, and the tax lien has not been satisfied, the governing body may instruct the collector to issue the tax deed, and the collector shall do so after giving the notices required by RSA 80:77 and 80:77-a. Source. 1987, 322:1. 1994, 199:3. 1997, 266:3, eff. Jan. 1, 1998.

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80:77 Notice to Current Owner.

At least 30 days prior to executing the deed under RSA 80:76, the tax collector shall notify the current owner of the property or his representative or executor, by certified mail, return receipt requested, of the pending deeding. The tax collector shall receive $10 for his services plus incidental expenses of printed notice. All of the said costs shall be paid at the time of redemption. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:77-a Notice to Mortgagees.

At least 30 days prior to executing the deed under RSA 80:76, the tax collector shall notify each person holding a mortgage upon such property, by certified mail, return receipt requested, of the impending deeding. For purposes of this section, any mortgagee entitled to notice under RSA 80:65 and any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The notice required by this section shall, at a minimum, contain the name of the delinquent taxpayer, a description of the property subject to the tax lien, the amount of the tax lien and the amount of tax collector's fee and expenses necessary for redemption, the issue date of the tax lien deed, the expiration date of the right of redemption, and a warning that the legal interest of the taxpayer and each mortgagee will be extinguished by the tax lien deed if the legal interest in property is not redeemed. The municipality shall receive the reasonable costs of searching the title for recorded mortgages, and the tax collector shall receive $10 for services plus mailing and reasonable expenses of providing the printed notice required in this section. All costs shall be paid at the time of redemption. Source. 1995, 99:2, eff. Jan. 1, 1996.

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80:78 Incontestability.

No action, suit or other proceeding shall be brought to contest the validity of an execution of the real estate tax lien or any collector's deed based thereon after 10 years from the date of record of the collector's deed. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:79 Return of Reports.

Whenever a tax collector, under the provisions of RSA 80:62, 64, 70, 74, 75, or 76 shall make a return or a report to the register of deeds of an execution of the real estate tax lien, subsequent tax payment, redemption payment, collector's deed, or discharge of a tax lien for any reason, the register of deeds shall cause the time of his or her receipt thereof to be stamped or written upon said report or certificate and shall, after entering the same in the registry records, return it to the tax collector as provided in RSA 80:74. Source. 1987, 322:1. 2008, 322:4, eff. Aug. 31, 2008.

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80:80 Transfer of Tax Lien.

I. No transfer of any tax lien upon real estate acquired by a town or city as a result of the execution of the real estate tax lien by the tax collector for nonpayment of taxes thereon shall be made to any person by the municipality during the 2-year period allowed for redemption, nor shall title to any real estate taken by a town or city in default of redemption be conveyed to any person, unless the town, by majority vote at the annual meeting, or city council by vote, shall authorize the governing body to transfer such lien or to convey such property by deed. II. If the governing body is so authorized to convey such property by deed, either a public auction shall be held, or the property may be sold by advertised sealed bids. The governing body shall have the power to establish a minimum amount for which the property is to be sold and the terms and conditions of the sale. II-a. If the governing body is authorized to transfer such liens during the 2-year redemption period, either a public auction shall be held, or the liens may be sold by advertised sealed bids. The governing body may establish minimum bids, and may set the terms and conditions of the sale. Such liens may be sold singly or in combination, but no fractional interest in any lien shall be sold. Such transfer shall not affect the right of the owner or others with a legal interest in the land to redeem the tax lien pursuant to RSA 80:69, or make partial payments in redemption pursuant to RSA 80:71, but the transferee shall become the lienholder for purposes of RSA 80:72 and 80:76. III. The governing body may, by a specific article in the town warrant, or by ordinance, be authorized to dispose of liens or tax deeded properties in a manner other than as provided in this section, as justice may require. Before proceeding under this provision, the governing body shall make an affirmative finding that disposal by a method other than sealed bid or public auction is in the public interest. IV. Such authority to transfer or to sell shall continue in effect for one year from the date of the town meeting or action by the city or town council provided, however, that the authority to transfer tax liens, or to sell real estate acquired in default of redemption, or to vary the manner of such sale or transfer as justice may require, may be granted for an indefinite period, in which case the warrant article or vote granting such authority shall use the words "indefinitely, until rescinded" or similar language. V. Towns and cities may retain and hold for public uses real property the title to which has been acquired by them by tax collector's deed, upon vote of the town meeting or city council approving the same. VI. For purposes of this section, the authority to dispose of the property "as justice may require" shall include the power of the governing body to: (a) Engage a real estate agent or broker to list and sell the property, including a sale conditional on the buyer's obtaining development approvals; (b) Sell undeveloped parcels to abutters for consolidation into adjoining lots for the purpose of affordable housing development, preserving open space, or reducing development density; or (c) 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. Source. 1987, 322:1. 1992, 173:3, 4. 1993, 176:10. 1997, 266:4, eff. Jan. 1, 1998. 2018, 149:1, eff. July 29, 2018.

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80:81 Executing Real Estate Tax Lien.

I. Each tax collector shall receive the following fees in connection with the execution of the real estate tax lien to be charged as costs for the services listed below, except as otherwise noted: (a) For notice of the impending tax lien against a delinquent taxpayer covering all unpaid taxes listed under his name, $10. (b) For each parcel listed of the impending tax lien, $2. (c) For executing the real estate tax lien against each delinquent taxpayer, $10. (d) For executing the real estate tax lien against each parcel, $2. (e) For notice to the register of deeds of redemption or discharge of the lien after execution, $2 plus the fees advanced and paid to the register of deeds. (f) For each deed made, recorded and delivered to the lienholder, $10 plus the recording fees, both to be paid by the lienholder. (g) For each notice to the register of deeds of payment of tax subsequent to execution of the tax lien, $2 plus the fees advanced and paid to the register of deeds. II. Collectors shall also be allowed to charge for postage, fees of notaries or justices of the peace incident to making returns to the registry of deeds, and for the cost of printed forms and stationery and for other necessary and actual expenses incurred. These expenses shall be totalled and divided pro rata among the delinquent taxpayers when real estate is subject to the execution of a tax lien. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:82 Register of Deeds.

I. The register of deeds shall be paid by the collector of taxes the following fees: (a) For recording and indexing a report of execution of tax lien, each parcel, $2. (b) For recording and indexing a report of redemption or discharge of lien, each parcel, $2. (c) For recording and indexing a report of subsequent tax payment, each parcel, $2. II. The collector of taxes shall be reimbursed for the fees advanced to the register by the person redeeming the real estate after the real estate was made subject to the execution of the real estate tax lien process, or requesting the discharge of the tax lien. III. The register of deeds may make such charge as he deems reasonable and proper for searching the records and reporting mortgage encumbrances at the request of the real estate lienholder; however, this shall not be considered a mandatory duty of the register of deeds. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:83 Exception.

The provisions of RSA 80:55, relative to timely mailing, shall not apply to payment or remittance as a result of execution of tax liens or tax lien redemptions or payment of subsequent taxes thereon. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:84 Amendments of Inventories and Tax Lists.

Inventories and tax lists already delivered to tax collectors shall be amended by selectmen or assessors to the extent of correcting errors or perfecting the description of certain property therein listed, upon application made to them by the tax collector prior to notice of the impending execution of the real estate tax lien in accordance with the provisions of RSA 80:60. Notice of such amendment to the inventory shall be sent by the selectmen or assessors, in writing and by registered mail, prior to the notice of the impending execution of the real estate tax lien by the tax collector but not more than 30 days prior to the notice, to the last known address of the owner or of the persons taxed. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:85 Lien Procedure; Land Use Change Tax.

All land use change tax assessments levied under RSA 79-A:7 shall, on the date of the change in use, create a lien upon the lands on account of which they are made and against the owner of record of the said land. Furthermore, such liens shall continue for a period of 24 months following the date upon which the local assessing officials receive written notice of the change in use from the landowner or his agent, or the date upon which the local assessing officials actually discover that the land use change tax is due and payable, and such assessment shall be subject to the real estate tax lien procedure by the tax collector prescribed by RSA 80:59. Source. 1987, 322:1. 1991, 281:23, eff. Aug. 17, 1991. 2012, 104:2, eff. July 28, 2012.

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80:86 Tax Lien on Real Estate.

Real estate of every kind levied upon under RSA 85 shall be subject to the real estate tax lien procedure, and the owner of such real estate shall have the right to redeem the real estate. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:87 Procedure for Adoption.

I. Any town or city may adopt the provisions of RSA 80:58-86 for a real estate tax lien procedure in the following manner: (a) In a town, the question shall be placed on the warrant of a special or annual town meeting under the procedures set out in RSA 39:3, and shall be voted on by ballot. In a city, the legislative body may consider and act upon the question in accordance with their normal procedures for passage of resolutions, ordinances and other legislation. The legislative body of a city may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters. (b) The selectmen or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing. (c) The wording of the question shall be: "Shall we adopt the provisions of RSA 80:58-86 for a real estate tax lien procedure? These statutes provide that tax sales to private individuals for nonpayment of property taxes on real estate are replaced with a real estate tax lien procedure under which only a municipality or county where the property is located or the state may acquire a tax lien against land and buildings for unpaid taxes." II. If a majority of those voting on the question vote "Yes", RSA 80:58-86 shall apply within the town or city on the date set by the town selectmen or city council; provided, however, that upon adoption the provisions of RSA 80:58-86 shall in no event apply earlier than January 1, 1988, and no later than the next January 1 following approval of the question. III. If RSA 80:58-86 are adopted by a town or city, the provisions of RSA 80 relative to tax sales shall not apply to that municipality. IV. If the question is not approved, the provisions of RSA 80 relative to tax sales for nonpayment of property taxes shall remain in effect. V. (a) Any town or city which has adopted RSA 80:58-86 may consider rescinding its action in the manner described in RSA 80:87, I(a) and (b). The wording of the question shall be the same as set out in RSA 80:87, I(c), except the word "adopt" shall be changed to "rescind." (b) If a majority of those voting on the question vote "Yes", then as of the next January 1, RSA 80:58-86 shall not apply within the town or city. As of the same date, the provisions of RSA 80 relative to tax sales for nonpayment of property taxes shall apply. Source. 1987, 322:1, eff. Jan. 1, 1988.

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80:88 Distribution of Proceeds From the Sale of Tax-Deeded Property.

I. Notwithstanding any other provision of law, for any sale by a municipality of property which is acquired by tax deed on or after the effective date of this section, the municipality's recovery of proceeds from the sale shall be limited to back taxes, interest, costs and penalty, as defined in RSA 80:90. II. If there are excess proceeds over and above the amount of municipal recovery permitted under paragraph I: (a) Within 60 days of settlement by the purchaser or purchasers of the property sold, the municipality shall file a bill of interpleader with the superior court for the county in which the property is located, naming the former owner or owners, and all persons having a recorded interest in the property as defendants, and paying to the court all amounts over and above those entitled to be retained. (b) The municipality shall also be entitled to retain its reasonable costs and attorneys' fees for the preparation and filing of the petition. (c) The court shall issue such orders of notice as are necessary, and shall make such disposition of the funds as it finds appropriate, based upon ownership and lienholder interests at the time of the tax deed. (d) The municipality shall be deemed to have a continuing interest in said funds, and in default of valid claims made by other parties, such funds shall be decreed to be the property of the municipality, free and clear of any remaining liability. III. No bill of interpleader shall be necessary under subparagraph II(a) if, at the time of the tax deed execution, there were no record lienholders, and only one record owner or joint owners, and such former owner or owners are easily identified and located, in which case the excess proceeds shall be paid to such owner or owners. Source. 1998, 238:2. 2007, 184:1, eff. Aug. 17, 2007.

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80:89 Notice to Former Owner and Opportunity for Repurchase.

I. At least 90 days prior to the offering for sale by a municipality of property which is acquired by tax deed on or after the effective date of this section, the municipal governing body or its designee shall send notice by certified mail, address service requested, return receipt requested, to the last known post office address of the owner of the property at the time of the tax deed, if known, or to the person to whom notice of the impending tax deed was given under RSA 80:77. The notice shall set forth the terms of the offering and the right of the former owner or owners to repurchase the property, as set forth in paragraph II. Copies of any such notice shall also be sent by certified mail, return receipt requested, to any mortgagee to whom notice of the impending tax deed was sent under RSA 80:77-a. For any notice sent pursuant to this paragraph, $10 may be added to the municipality's "costs" as defined in RSA 80:90. In this section, an "offering for sale" means the authorization by the municipality's governing body to its designee to sell the property. II. Within 30 days after the notice required by paragraph I, or if no such notice is received, at any time within 3 years after the date of recording the tax deed, any former owner of the property may give notice by certified mail, return receipt requested, of intent to repurchase the property from the municipality, and stating that such owner is ready, willing, and able to pay all back taxes, interest, costs and penalty, as defined in RSA 80:90, except that if the property is the former owner's principal residence, or was the former owner's principal residence at the time of execution of the tax deed under RSA 80:76, the additional penalty under RSA 80:90, I(f) shall not apply. If all such back taxes, interest, costs and penalty have not been actually tendered within 30 days of such notice of intent to repurchase, the municipality may proceed with its offering and dispose of the property without any interest by the former owner. III. The deed from the municipality upon such repurchase shall convey the municipality's interest in the property, or such portion as has not been previously disposed of by the municipality, to all record former owners in the same proportional undivided interests as the former owners of record. IV. The former owners' title upon repurchase shall be subject to any liens of record against the property as of the time of the tax deed to the municipality, and subject to any leases, easements, or other encumbrances as may have been granted or placed on the property by the municipality. In the case of multiple former owners, any owner paying more than a proportional share of the purchase price to the municipality shall have a lien against the other owners for the amount of the excess paid. V. A notice of intent to repurchase under this section may also be filed by the holder of any recorded mortgage interest in the property which was unredeemed as of the date of the tax deed. Upon payment the property shall be deeded as provided in paragraph III, but the mortgagee shall be entitled to add the amount paid to the municipality to the amount due under the mortgage. VI. Conveyances to a former owner under this section shall not be subject to the real estate transfer tax under RSA 78-B. VII. The duty of the municipality to notify former owners and to distribute proceeds pursuant to RSA 80:88, and the former owners' right of repurchase under this section shall terminate 3 years after the date of recording of the deed. Source. 1998, 238:2. 2007, 184:2, 3, eff. Aug. 17, 2007. 2016, 37:1, eff. July 2, 2016.

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80:90 Definitions.

I. For purposes of RSA 80:88 and 80:89, the phrase "back taxes, interest, costs and penalty" shall include all of the following: (a) All taxes assessed but unpaid as of the date of the tax deed, together with all taxes which would thereafter otherwise have been assessed against such property based on its valuation, but for its ownership by the municipality. (b) All statutory interest actually accrued on all back taxes as of the date of the tax deed, together with all statutory interest which would otherwise thereafter have accrued on all taxes listed in subparagraph (a), but for the property's ownership by the municipality. (c) All allowable statutory fees charged for notice and recording in connection with the tax collection process. (d) All legal costs incurred by the municipality in connection with the property, including those connected with the municipality's sale or the former owner's repurchase. (e) All incidental and consequential costs as are reasonably incurred or estimated to be incurred by the municipality in connection with its ownership and disposition of the property, including but not limited to insurance, maintenance, repairs or improvements, and marketing expenses. (f) An additional penalty equal in amount to 10 percent of the assessed value of the property as of the date of the tax deed, adjusted by the equalization ratio for the year of the assessment. II. For purposes of RSA 80:88 and 80:89, "former owner" shall mean any person in whom title to the property, or partial interest therein, was vested at the time of the tax deed, and shall include any heir, successor, or assign of any former owner, provided, however, that any person to whom a former owner has attempted to convey or assign any interest, lien, or expectancy in the property subsequent to the date of the tax deed shall not be deemed a former owner. Source. 1998, 238:2. 2007, 42:2, eff. July 20, 2007. 2016, 37:2, eff. July 2, 2016.

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80:91 Liability and Obligations Limited.

With respect to actions of a municipality under RSA 80:88 and 80:89, if the municipality has complied with the provisions of this chapter it shall not have any liability whatsoever to any former owner or lienholder in connection with its management of the property or for the amount of consideration received upon disposition of the property. After the execution of a tax deed, the municipality may treat the property in all respects as the fee owner thereof, including leasing or encumbering all or any portion of the property, without any accountability to former owners, except that the proceeds of any sale must be accounted for as provided in RSA 80:88. Nothing in this chapter shall obligate a municipality to dispose of property acquired by tax deed, except as provided in RSA 80:89. Nothing in RSA 80:88 or 80:89 shall be construed to preclude a municipality from granting more favorable terms to a former owner pursuant to RSA 80:80, VI. Source. 1998, 238:2, eff. June 25, 1998.

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RSA 80 Collection of Taxes