New Hampshire Lien Search

A New Hampshire lien search is the process of investigating the state's public documents, specifically land records and property title documents, to determine if such a claim exists for a particular property. This search helps individuals verify the legal status of a property title by uncovering existing liens. Information contained in a lien ensures individuals can make informed decisions, especially in real estate transactions, as it reveals outstanding debts that may need to be resolved before a sale is finalized.

What is a Lien in New Hampshire

A lien is an encumbrance that a creditor holds over the property of an individual who is legally indebted to them, as a form of security until the debt or necessary obligation is paid. Liens ensure that a property cannot be sold or transferred to a new owner before the debt is settled. Liens can be affixed to both real property (such as homes, vacant land, and farms) and personal property (including vehicles and other valuable items).

Below are two common scenarios under New Hampshire law where liens are applied:

• Suppose a city or town spends money to support an assisted person (one unable to provide for themselves without aid). In that case, the amount becomes a lien on any real estate owned by that person (N.H. Rev. Stat. Ann. § 165:28). Such liens remain valid until enforced or released by the selectmen or city council.
• Under N.H. Rev. Stat. Ann. § 167:14-a, the Department of Health and Human Services (DHHS) is authorized to place a lien on the real property of anyone who was helped by the state (e.g, through Medicaid) to pay their medical bill. 

Types of Liens in New Hampshire

Liens help enforce the payment of debt in New Hampshire and can come in various forms. The type of lien involved in a creditor-debtor relationship directly affects the procedures for repayment, as well as the legal rights and responsibilities of both parties. For example, some liens only secure debt on a particular building, while some may affect the debtor's entire real estate.

• General Liens in New Hampshire

General liens are liens that affect all of a debtor's real estate, basically all real property within a jurisdiction, including land, any natural resources on the land, and other immovable structures. Examples of general liens on real estate include judgement liens and federal tax liens.

• Specific Liens

Specific liens, in contrast to general liens, only affect a particular asset related to the debt. The lien gives a creditor the right over a specific asset of the debtor rather than their entire estate. Examples of a specific lien are mechanics' liens, mortgage liens, and tax liens.

• Consensual vs Involuntary Liens

A consensual lien arises from a mutual agreement between the creditor and debtor where the debtor willingly grants a security interest. Mortgages and loans are typical examples of consensual liens.

Involuntary liens fall on the opposite side of the spectrum. These liens are not voluntary on the part of the debtor but imposed by law or the court without the property owner's consent. Mechanics' liens and judgement liens are types of involuntary liens.

• Statutory Liens

Statutory liens are involuntary liens that are rooted in New Hampshire law and arise automatically when certain conditions are met. For example, N.H. Rev. Stat. Ann. § 451 governs jewelers' liens and N.H. Rev. Stat. Ann. § 444 covers liens on personal property held by tradespeople, such as artisans or mechanics, until payment for their services is received.

What is a Tax Lien in New Hampshire

Tax liens in New Hampshire are liens imposed by a town or city on an individual's property over unpaid property taxes. Under N.H. Rev. Stat. Ann. § 80:19, a municipal tax lien on real estate remains enforceable for one year, beginning on October 1 following the tax assessment. This lien also legally holds precedence over other liens that may be active against the property. This protects municipalities' ability to collect unpaid taxes and public revenues by giving their claim a superior legal status.

If, within two years, a property owner fails to pay taxes on a property that has been liened, the tax collector may issue a tax deed to the lienholder (in this case, the municipality). The deed essentially terminates the taxpayer's rights and transfers ownership of the property to the city or town. The tax deed is typically the final step in the tax lien enforcement process, converting the lien into outright municipal ownership if the debt remains unpaid. However, the municipality may refuse this transfer if

• Accepting the property could subject it to environmental liabilities under federal or state environmental laws (such as CERCLA or RCRA).
• Owning the property would create undesirable financial or legal obligations.

If such a case happens where the deed is rejected, the tax lien remains in effect indefinitely, continuing to accrue interest until the overdue taxes are paid in full.

Are Tax Liens Public Record?

Yes. Tax liens in New Hampshire are public records, enabling members of the public to identify properties that are implicated in tax defaults. They are recorded with the county register of deeds as part of the county's official land records and are subject to the New Hampshire Right to Know Law (N.H. Rev. Stat. Ann. § 91-A). Classifying tax liens as public records ensures that potential buyers or lenders of a property can determine if the property title has any outstanding tax liabilities.

However, even though the record itself is public, certain sensitive information, such as the property owner's personal identifying or financial details, may be withheld. Usually, only the information necessary to identify the property and the lien itself is disclosed to the public.

New Hampshire Tax Lien Search

Individuals interested in selling, buying, or investing in New Hampshire real estate are strongly advised to perform a tax lien search on a property before finalizing any transaction. This search reveals any outstanding tax debts that could impede the transfer of ownership.

In New Hampshire, tax liens, like other property-related records, are maintained at the county level. The county tax collector initiates these liens, which are then officially recorded and maintained by the county's register of deeds office.

To begin a search, individuals will first have to determine in which of New Hampshire's 10 counties the particular property is located. Once determined, inquirers may then visit the relevant county's register of deeds office to perform a tax lien search. Inquirers will need to provide the owner's name, property address, or parcel number for the search. 

For convenience, several register of deeds offices allow this search process to occur online through their respective record portals. A couple of these include

• Merrimack County Register of Deeds Portal
• Rockingham County Register of Deeds Portal
• Hillsborough County Register of Deeds Portal
• Belknap County Register of Deeds Portal

Record searches are usually free, though some of these portals also permit users to print copies of records for a fee. However, printed records do not represent official copies but are for informational and reference purposes only.

Federal Tax Lien Search

A federal tax lien is a legal claim by the U.S government against a taxpayer's property when they default on taxes owed to the Internal Revenue Service (IRS). The IRS provides more information on how federal liens work on the Understanding a Federal Tax Lien page. A federal tax lien lookup allows individuals to determine whether a federal lien has been filed against a property.

Federal tax liens are maintained by the IRS, but are also filed with the local register of deeds where the liened property is located. Hence, one way to access federal tax lien information on a property is to conduct a search through the local register of deeds. Another way is obtaining the Automated Lien System (ALS) database Listing extracted quarterly by making an FOIA request to the IRS. However, the listing only contains federal business liens and not personal liens filed against private taxpayers.

What is a Lien on Property in New Hampshire

A lien on property in New Hampshire is a claim established on a property to secure the settlement of a debt or the performance of an obligation. The lien gives the lienholder a right or interest in the property until the debt or obligation has been satisfied.

Who can put a lien on a property?

Several entities can place a lien on a property in New Hampshire, including municipalities, contractors, creditors, and the state or federal government. The authority to place a lien depends on the nature of the obligation. Municipalities may place statutory liens for unpaid property taxes or utility charges under the law. Contractors and material suppliers can file mechanics' liens when they have not yet been paid for labor or materials provided in a construction project. Creditors who win monetary judgments may also record judgment liens on a debtor's real estate, while the state or federal government can impose tax liens to recover unpaid taxes.

How to put a lien on property in New Hampshire

Before one can file a lien against a property, they have to identify the appropriate state law under which the lien arises. Once identified, the next step is to prepare and file the lien in accordance with the provisions of the law. For private parties, this typically involves preparing a written statement of account and filing it with the register of deeds office.

Depending on the lien, claimants may have to provide notice to the property owner before the lien is executed. For instance, N.H. Rev. Stat. Ann. § 80:60 mandates that tax collectors provide at least 30 days' notice before executing a tax lien.

After the lien has been recorded, municipalities or lienholders may also be required to notify other interested parties, such as mortgage holders, about the lien's existence. A lien becomes an official public record once it is filed with the register of deeds office, establishing a legal claim against the property. This means the property cannot be sold, transferred, or refinanced without the debt being resolved.

How to Find a Lien on Property in New Hampshire

To check liens on property in New Hampshire, individuals can access public records, typically through the county register of deeds office, where the liens are recorded. Since these records are public, they can be accessed by anyone with an interest.

• Property Lien Search By Address

New Hampshire does not have a unified register of deeds office or a centralized portal residents can use to research liens on a property. Instead, individuals will have to look through the relevant county's official records database. One of the most straightforward ways to find liens on a property is to use the property's physical address. Researchers can provide the address at the register of deeds office or perform the search on the office's public records portal (if available) 

• Free Lien Search on Property

Several counties in New Hampshire offer free access to property records through their official records portals. Individuals can use these portals to check for liens on a property by searching with details such as the owner's name, property address, recording date, or parcel ID. Some portals provide the option of printing these records, but the service costs a fee.

What is a Mechanics Lien in New Hampshire?

A mechanics' lien is a legal claim designed to protect individuals who provide their services in the form of material supplies (worth at least $15), labor, or professional design services on a construction project. N.H. Rev. Stat. Ann. ch. 447 is the primary statutory framework for mechanics' liens in New Hampshire. 

Under the statute, any person who has contributed to erecting, repairing, or improving a building or structure may file a lien if they have not been adequately compensated. The lien functions as a remedy to recover payment and attaches to both the structure and the landowner's interest in the property. Typical claimants under this law include contractors, subcontractors, architects, material suppliers, builders, and engineers.

Mechanics' liens in the state last for 120 days following the completion of labor, services, or after final supplies have been made (N.H. Rev. Stat. Ann. § 447:9). This means individuals have 120 days to file and enforce the lien unless they receive payment beforehand, which would extinguish the lien.

There are instances where more than one mechanics' lien can exist for one property. In such cases, if the debt is not paid and the property is sold, the available funds from the sale are distributed “pro rata” to all lienholders (N.H. Rev. Stat. Ann. § 447:12). This means each lienholder receives compensation from the funds in proportion to the amount they owed, ensuring fair distribution.

New Hampshire Mechanics Lien Search 

Mechanics' liens in New Hampshire are maintained in the same manner as other liens, meaning they are filed and maintained with the county register of deeds. Hence, searches for mechanics' liens are primarily done through the register of deeds office. When visiting the office, researchers may need to provide at least one of the property owner's name, property address, or a book and page number. Specifying the document type (mechanics' lien) at the point of request may also help the attending staff narrow down the search.

Alternatively, individuals may check the county register of deeds website for a public record search portal. Counties with online databases generally allow users access for free. This is helpful to persons who are unable to visit the office or do not need an official copy of the record. Users searching through online portals should note that they may not be able to specify the document type during a search. They may need to review the entire property record or lien listing to determine if a mechanics' lien exists on the property.

What is a Mortgage Lien in New Hampshire?

A mortgage lien is a kind of lien placed on a property by a lender when they loan money to a borrower to purchase the property. The lender (frequently a bank or financial institution), through a mortgage lien, gains a security interest in the property, using it as collateral for the loan. The mortgage acts as a conditional conveyance, meaning the ownership reverts entirely to the mortgagor (borrower) once they have paid off the loan.

Mortgage liens in New Hampshire are primarily under the purview of the Mortgages of Realty law (N.H. Rev. Stat. Ann. ch. 479). Under the law, a mortgage lien gives a lender or financier the right to pursue foreclosure if a borrower defaults in payment after providing required notices. Through foreclosure, the financier can sell the property to recover the remaining loan balance. The lender may also seek a deficiency judgment for the remaining amount if the sale of the property is insufficient to cover the entire debt.

However, if a borrower adheres to the loan terms and repays the debt in full, the lender is required to execute a discharge of mortgage and record it with the register of deeds. This action removes the lien from the county's public records, clearing the property's title. The borrower may also initiate the discharge of the mortgage if the lender fails to do so.

What is a UCC Lien in New Hampshire? 

A UCC lien refers to a security interest filed under the New Hampshire Uniform Commercial Code (UCC). A UCC lien allows a creditor to claim a security interest in a debtor's personal property, as opposed to other liens that are placed on real estate. A creditor obtains this lien by filing the UCC Financing Statement (UCC-1) form with the New Hampshire Secretary of State to declare their security interest in a debtor's assets publicly. This is a consensual lien, as the borrower and lender have to come to an agreement that the property in question will be used as collateral in their transaction. Filing ensures the creditor is publicly known to have an interest in the property above other possible claimants. 

UCC Lien Search New Hampshire

UCC liens, unlike other liens, are not filed with the county's register of deeds but are filed with the New Hampshire Secretary of State. Individuals interested in performing a UCC lien search can submit the UCC 11-U Search: State Information Request Form to the Secretary of State's office via mail, along with the required payment. The department's mailing address is

Uniform Commercial Code
N.H. Department of State
107 North Main Street
Concord, NH 03301-4989

The fee for the search depends on how fast the requester needs the results. Routine searches cost $10 (per name), a 24-hour search costs $25, and a same-day search costs $35. Alternatively, requesters may choose to file the request form online. However, filing online attracts an extra $2 handling fee.

Once the department has received and processed the request, the results will be returned to the address provided by the requester in the form. The search report will disclose both active and expired UCC filings linked to the debtor, including information about the property or assets used as collateral and the creditor involved.

What is a Lien Title in New Hampshire

Individuals who want to purchase a vehicle and cannot afford the payment outright can choose to finance it through a lender in New Hampshire. If they finance the car, the lender records a lien on the car's title, commonly called a lien title. The lien indicates that a creditor, such as a bank or financing company, has a legal right to the vehicle pending the loan's repayment. As a result, the lienholder's name and address are listed on the vehicle's title by the New Hampshire Division of Motor Vehicles (DMV) (N.H. Rev. Stat. Ann. § 261:25). 

If the buyer misses payments, the lender can take custody of the vehicle. However, if the buyer does not default and finishes paying off the loan, the lienholder is expected to release the lien within 10 days of being asked and no later than 30 days (N.H. Rev. Stat. Ann. § 261:27). The DMV subsequently issues a clear title showing that the buyer is the sole titleholder of the vehicle without any claims from others.

New Hampshire Title Lien Search

Individuals interested in finding out if a lien exists on a vehicle and who the lienholder is may conduct a title search through the DMV. A title search discloses information about the vehicle's ownership history, lienholder, mileage, title issuance, and brand.

However, title searches are not open to everyone. Only attorneys, private investigators, towing companies, and repair garages may request a search. To request a search, an applicant may complete the Request for Motor Vehicle Records (DSMV 505) form and submit it along with a $20 search fee and a Certificate of Authority (see sample). The documents may be submitted in person or mailed to the DMV's address:

New Hampshire Department of Safety
DMV - Title
23 Hazen Drive
Concord, NH 03305

Private individuals who are not privy to a title search due to the restrictions may hire an authorized intermediary to perform the search on their behalf.

Free Title Lien Search in New Hampshire

Free searches for liens in New Hampshire are usually provided through publicly accessible databases. However, title searches in New Hampshire are not available to everyone and are not performed for free. As an alternative, inquirers can attempt to obtain information informally by asking the vehicle owner about the status of the title lien or contacting the lienholder (if known).

What is a Judgement Lien in New Hampshire 

A judgement lien originates from a court ruling after a creditor succeeds in a lawsuit against a debtor and obtains a money judgement. The creditor can then secure their claim against the debtor's property by recording a certified copy of the judgment with an affidavit at the registry of deeds office in the jurisdiction where the property is situated (N.H. Rev. Stat. Ann. § 524:13). The lien covers all real estate owned by the debtor, making it difficult for the debtor to engage in real estate transactions without addressing the debt.

New Hampshire Judgement Lien Search

New Hampshire judgement liens are filed with the register of deeds office in the region (county) where the property is located. Consequently, the office is the primary resource for handling inquiries regarding such liens. Researchers can visit the register's office to search using the debtor's name, or they can use the office's online public record search portal, if in existence.

Additionally, because the original judgment is issued by the court, interested individuals may also search court records for information regarding the lien. These records can be sought in person at the courthouse or through the New Hampshire Judicial Branch Case Access Portal. Searches on the portal are typically done using the name of a party to the case or a case number.

How to Get a Lien Release in New Hampshire 

Liens are not automatically lifted in New Hampshire, even after a debtor satisfies their debt. To nullify a lien, lienholders are generally required to issue a lien release letter or document to confirm that they no longer claim an interest in the debtor's property. The process and documentation needed for obtaining a lien release depend on the type of lien involved. However, the process generally involves clearing the debt, requesting a lien release letter from the creditor, and recording the letter with the office where the lien was initially filed. For example:

• Tax liens are filed with the register of deeds office where the property is located.
• Lien titles for vehicles are recorded with the Division of Motor Vehicles (DMV).
• UCC liens are filed with the New Hampshire Secretary of State.