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New Hampshire Governor Issues Emergency Order Temporarily Prohibiting Foreclosure and Eviction Actions

Posted By USFN, Wednesday, March 18, 2020

by Joseph A. Camillo, Jr., Esq.                         
Brock and Scott, PLLC
USFN Member (AL, CT, FL, GA, MA, MD, ME, ME, MI, NC, NH, OH, RI, SC, TN, VA, VT)

Today March 17, 2020 Governor Christopher T. Sununu issued Emergency Order #4 (“Order#4”) (https://www.governor.nh.gov/news-media/press-2020/documents/emergency-order-4.pdf) pursuant to Executive Order 2020-04 (“Order 2020-04”) (https://www.governor.nh.gov/news-media/orders-2020/documents/2020-04.pdf) implementing a temporary prohibition on evictions and foreclosures in the state of New Hampshire.

For foreclosures, all judicial and non-judicial foreclosure actions under RSA 479 or any other applicable law, rule or regulation are prohibited for duration of the State of Emergency declared in Executive Order 2020-04. 

For evictions, Order#4 specifically states that no eviction proceedings shall be initiated, order issued or enforced for the duration of the State of Emergency declared in Executive Order 2020-04.  Any violation of Oder#4 by a landlord, as defined by RSA 540-A:1 shall be considered a prohibited act under and a violation of RSA 540-A:3 subject to the remedies contained in RSA 540-A:4. The definition of “Landlord”  in 540-A:1 is as follows: "Landlord" means an owner, lessor or agent thereof who rents or leases residential premises including manufactured housing or space in a manufactured housing park to another person.”  Although the definition is silent as to bank-owned, former mortgagor scenarios, a conventional analysis of Order#4 in its totality would suggest it applies to all eviction proceedings for restricted and unrestricted property.


It is important to note, that no provision of Order#4 shall relieve an individual of their obligations to pay rent, make mortgage payments, or any other obligation which an individual may have under a tenancy or mortgage.  The Attorney General shall have the authority to enforce the provisions of Order#4 through any methods provided by current law.

Because the duration of the State of Emergency is undetermined, and to avoid any claims of violating Order#4, New Hampshire foreclosure sales and publications should be cancelled effective immediately as well as any eviction proceedings pursuant to court directives.  Clients are advised to immediately place all files on holds as we await further guidance.

You can direct questions on specific state notices and orders, along with related portfolio and loan level inquiries to clientrelations@brockandscott.com

 

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