Bulletin: NH2020005

Dear Associates: 

On April 3, 2020, NH Governor Christopher Sununu issued Emergency Order #24 Pursuant to Executive Order 2020-04. For your convenience, the Order may be viewed here. This Order modifies and clarifies a previously issued Order pertaining to foreclosures and evictions. According to the previous Order along with guidance provided in a prior bulletin found here, all foreclosure actions under RSA 479 were prohibited.

Emergency Order #24 adds clarification by stating the moratorium shall not apply to the recording of a foreclosure deed and affidavit with respect to a foreclosure sale that occurred on or before March 16, 2020. The Order further clarifies by stating that any resulting foreclosure deeds and affidavits of sale may be recorded in the applicable county Registry of Deeds without violation of the Order.

NOTE: This Emergency Order reiterates that any eviction proceedings brought by the grantee of a foreclosure deed remain subject to the requirements and restrictions set forth in the initial Order.

Underwriting requirement: If you are insuring a transaction involving a conveyance coming directly out of a foreclosure sale which occurred on or before the March 16, 2020, moratorium, the Company requires an affidavit from the seller that no occupant was subject to an eviction proceeding. For your convenience, a sample affidavit is attached here. NOTE: The Company will not insure a conveyance involving a foreclosure sale occurring after March 16, 2020, until further notice.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.