New Hampshire Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor

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US-00727BG
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Description

An accord and satisfaction is a method of discharging a contract by substituting for the contract an agreement for its satisfaction and the execution of the substituted agreement. The accord is the agreement. The satisfaction is the execution or performance of the agreement.



In this form, Creditor agrees to secure a new mortgage loan secured by a mortgage or deed of trust on certain real property owned by Debtor. In the event that Creditor does secure a new mortgage loan, all moneys received by Creditor, over and above the existing secured indebtedness on the premises and over and above the expenses of obtaining a mortgage loan, will be credited to the account of Debtor. In the event that Creditor is able to obtain a new mortgage loan secured by the premises in an amount that would exceed the debt owing Creditor by Debtor, Creditor will refund to Debtor the excess amount. Creditor agrees that, after a mortgage loan has been secured on the above-described property, Creditor will immediately convey the property to Debtor for the sole consideration of the assumption by Debtor of the indebtedness secured by the property.



Until such time as a new mortgage loan is secured on this property, Creditor will rent the property to Debtor for a sum that will equal the monthly payments due on the existing mortgage loan.


The New Hampshire Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor is a legal document that outlines the terms and conditions for refinancing a debtor's property in the creditor's name as a means of resolving an outstanding debt. This agreement is specific to the state of New Hampshire and provides a comprehensive framework for both parties involved. In this agreement, the debtor and creditor agree to refinance the property in the creditor's name, essentially transferring ownership from the debtor to the creditor. This serves as a form of payment or satisfaction of the debtor's outstanding debt, allowing them to fulfill their obligations and avoid further legal actions. Keywords: New Hampshire, Agreement for Accord and Satisfaction, Refinancing, Debtor's Property, Creditor. Different types or variations of the New Hampshire Agreement for Accord and Satisfaction by Refinancing Debtor's Property in the Name of Creditor may include: 1. Residential Property Refinancing Agreement: This type of agreement is specifically designed for refinancing residential properties such as houses, apartments, or condominiums. 2. Commercial Property Refinancing Agreement: This variation pertains to refinancing commercial properties like office buildings, retail spaces, or industrial facilities. 3. Mortgage Refinancing Agreement: This type of agreement focuses specifically on refinancing existing mortgage loans related to the debtor's property. 4. Land Refinancing Agreement: In cases where the debtor's outstanding debt is related to land or vacant properties, this variation of the agreement addresses the refinancing terms and conditions. 5. Time-Bound Refinancing Agreement: This type of agreement includes a specific duration or timeframe within which the refinancing must occur, ensuring prompt resolution of the debt. 6. Voluntary Refinancing Agreement: This variation is applicable when both parties mutually agree to refinancing the debtor's property as a means to satisfy the debt without involving any legal actions or court proceedings. It is essential to consult with a legal professional or attorney familiar with New Hampshire laws to ensure the specific requirements and provisions of the agreement are met.

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FAQ

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

554, 561 (2001), for the rule that three elements must exist for there to be an accord and satisfaction: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party

If the obligation or service that was agreed upon in the accord is rendered, then the agreement is considered satisfied. In the case previously mentioned, if Bob does, in fact, give Sally the vehicle in place of the $600 he owed her, he has satisfied the accord.

Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.

The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement.

Which of the following is true regarding an accord and satisfaction? When amounts agreed upon are paid, the debt is fully discharged. Which of the following is true under the UCC regarding checks marked "paid-in-full"?

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

The satisfaction is the execution or acceptance of this agreement, and once satisfaction occurs, the previous contract is extinguished. Accord and satisfaction is an affirmative defense to a breach of contract claim, requiring the asserting party to plead and prove the defense.

More info

The creditor the right to repossess the goods should the debtor default on the loan. 3. Consumer debt is often refinanced to bring a delinquent account. Fortunately for residents of New Hampshire, there are consumer-friendly laws on the books that can making borrowing and repaying money easier ...Proof of the Plaintiff's Standing to File the Foreclosure ComplaintAn accord and satisfaction is ultimately a new agreement and acceptance of the new ... For more than a decade, two-thirds of all Chapter 13 plans have failed before the debtor completes payments, and sometimes before unsecured creditors have ... By D Coenen · 1977 · Cited by 12 ? already taken in the debtor's property, and under a pure-race rule creditors may relydetermining priorities and encourages creditors to file. Commer-. It also prohibits a creditor from terminating an open end consumer credit plana bankruptcy trustee to avoid any transfer of property by a debtor to a ... Bjerre, Investment Securities, 72 BUS. LAW. 1133, 1133?37 (2017). 15. See Steve Weise & Stephen Sepinuck, Personal Property Secured Transactions ... Formed in 1973 as a joint enterprise of the Judicial Council and the California Judges Association,. CJER supports the Chief Justice, the Judicial Council, and ... In the North, Massachusetts, New Hampshire, and Connecticut passedgage if the debtor refused to keep the agreement, the creditor might have no. By RJ Mann · 1997 · Cited by 113 ? academic discourse on debtor-creditor relations: if liquidation is aAgreement for Wholesale Financing § 1, at 1 (on file with author) ("The lender ...

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New Hampshire Agreement for Accord and Satisfaction by Refinancing Debtor's Property in Name of Creditor