N.H. Rev. Stat. § 447-A:5

Current through the 2024 Legislative Session

Section 447-A:5 - Priority

Notwithstanding any other provision of law, no principal broker's lien shall be valid until the date of its recording in the registry of deeds in which the real estate against the lien is sought is located, even if the right to such lien arose prior to the date of such recording. Valid prior recorded liens, valid prior recorded mortgages, valid prior recorded encumbrances, and all other valid prior recorded interests of any sort or nature whatsoever shall have priority over a principal broker's lien. In no event shall the priority of a recorded principal broker's lien be deemed to relate back to a time and date prior to the actual time and date of recording of such principal broker's lien, even if the right to such lien arose at a prior time and date. Prior recorded liens, liens for ad valorem taxes, mortgages, encumbrances, and other similar interests that have priority over a principal broker's lien shall include, without limitation:

I. A mechanic's lien claim that is recorded subsequent to the principal broker's notice of lien but which relates back to a date prior to the recording date of the principal broker's notice of lien.

II. Prior recorded mortgages of all types, including prior recorded mortgages that secure lines of credit, including without limitation revolving credit lines or future advances, or both.

III. Prior recorded construction mortgages securing construction loans.

IV. Prior recorded UCC financing statements.

V. UCC financing statements recorded after the date of the recording of the principal broker's lien if such UCC financing statements would be entitled to priority over prior recorded UCC financing statements under RSA 382-A.

VI. Prior recorded leases or notices of lease, or both.

VII. Any and all prior recorded liens, encumbrances, or other interests in real estate of any sort or nature.

RSA 447-A:5

2002, 144 : 1 , eff. July 12, 2002.