This form addresses important considerations that may effect the legal rights and obligations of the parties in a lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.
This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.
New Hampshire General Liens Questionnaire
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How to fill out General Liens Questionnaire?
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Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.
A creditor may decide to place a lien on the property after all attempts to settle a debt are exhausted. This means that the creditor has tried to contact the debtor to collect on the debt and has made no progress to settle what's owed.
This form advises the party that a lien will be filed if payment is not received within 10 days. Since this is a non required document, you can deliver it electronically, or via mail. Sendinging documents via certified mail always adds another layer of professionalism to your payment practices.
(c) If the official or board responsible for administering the municipal utility has not committed the charges to the collector of taxes, the municipality shall have a lien upon the real estate where the services were furnished and the lien shall continue for 18 months from the date of the last unpaid bill, unless the ...
For personal property, the creditor files the order of attachment with the New Hampshire Secretary of State. For real estate, the creditor files the order of attachment with the register of deeds in any New Hampshire county where the debtor has property now or may have property in the future.
In order to have a mechanics lien in New Hampshire, the lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court. This may be done without notice of this action to the owner or other parties (Notice of Attempt to Lien must be given previously if lien claimant is not the general contractor).
General liens apply to all property owned by the debtor. For example, if you fail to pay your federal income taxes, the government could place a lien against everything you own, not just your house.
Mechanics liens in New Hampshire have priority over all pre-recorded liens or other encumbrances other than a conventional mortgage or a tax lien. With regard to conventional mortgages, the ?first in time? rule applies.