If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.
A New Hampshire Release of Judgment Lien by Creditor refers to a legal document that releases or terminates a judgment lien placed on a debtor's property by a creditor in the state of New Hampshire. When a judgment is obtained against a debtor, the creditor may file a lien on the debtor's property as a means to secure the debt owed to them. In New Hampshire, there are two primary types of Releases of Judgment Lien by Creditor: 1. Voluntary Release: A voluntary release occurs when the creditor willingly terminates the judgment lien. This can happen when the debtor has fully satisfied the debt or when both parties agree to a settlement or compromise. The creditor, who has been duly satisfied, files a voluntary release with the appropriate government offices to inform them of the lien's termination. 2. Release by Operation of Law: This type of release occurs when the lien is automatically released due to specific circumstances outlined by law. Common scenarios that can trigger a release by operation of law include: i. Expiration of the Judgment Lien: In New Hampshire, a judgment lien expires ten years from its filing date, unless an action to renew it is taken. ii. Discharge in Bankruptcy: If the debtor files for bankruptcy and the lien is not deemed to be non-dischargeable, it may be released as part of the bankruptcy proceedings. iii. Involuntary Discharge of Debtor: If the debtor passes away or the property subject to the lien is erroneously sold or transferred to a new owner, the judgment lien may be released. iv. Release Through Judicial Action: In some cases, the debtor may be able to seek the release of the judgment lien through a judicial proceeding, such as proving the lien was improperly filed or demonstrating that the debt has been fully satisfied. To initiate the process of releasing a judgment lien, the creditor must prepare a written Release of Judgment Lien form, provided by the New Hampshire courts or other reliable legal sources. This document should include details such as the parties involved, the case or judgment number, the property subject to the lien, and a clear statement of the lien's release. Once completed, the creditor must file the release with the Registry of Deeds or the Secretary of State, depending on the type of lien being released. It is crucial to note that while this description provides a general overview, consulting with a legal professional is highly recommended when dealing with judgment lien releases in New Hampshire. This will help ensure compliance with all relevant laws and facilitate a smooth resolution of the lien.
