New Hampshire Real Estate Practices

No state law requirements.

Not required, but such a rate could be filed.

If a lender fails to release a mortgage after receiving payment, an attorney licensed to practice in New Hampshire may release said mortgage by way of affidavit pursuant to NH RSA 479:7-a.

Commercial and residential properties are commonly conveyed via quitclaim deed or warranty deed. Insurability would be questionable in conveyances using any form of release deed or a quitclaim deed without covenant. By using such deeds, the grantor is making no representations whatsoever regarding the condition of the title.

Yes, 477:52:00 (9-4-19)

A non-title holding spouse or civil union partner must join the in the execution of a deed or mortgage in order to release his/her homestead interest in the property. New Hampshire recognized civil unions from January 1, 2008, through December 31, 2010. As of January 1, 2011, same-sex marriages were recognized.

No.

(a) Owner’s Policy?
(b) Transfer Tax & Recording Fee?
(c) Survey Charges?
(d) Closing/Settlement Fees?

(a) Buyer.
(b) Transfer tax is paid one-half by the buyer and one-half by the seller. Recording fees are paid by the buyer.
(c) Buyer.
(d) Buyer.

Commitments/policies must be countersigned by a licensed title insurance producer.

Please consult a local underwriter for information relating to real estate taxes on the subject property. Provisions relating to collection and liens are set forth in NH RSA Chapter 80.

(A) No.
(B) No.
(C) The New Hampshire Bar Association Title Examination Standards require a minimum period of search of 35 years, based upon a warranty deed. A longer period of search may be required depending upon the starting point.

A separate search and examination fee is customary. Search and examination is a single fee.

Who can be listed as the trustee on the Deed of Trust (e.g., residency and/or natural person requirements, etc.)? Can an underwriter or title agent be designated as the trustee, and, if so, is it customary?

The customary form of security instrument is a mortgage.

Standard exceptions:

1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements, or claims of easements, not shown by the Public Records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5. Liens for all real estate taxes and assessments for the year {{Tax-Fiscal-Year}}and all subsequent years, which are not yet due and payable.

None.

Forms and rates must be filed with the New Hampshire Department of Insurance through the SERFF (System for Electronic Rate and Form Filing) system.

There is a uniform transfer tax rate of $1.50 for each $100.00 of the value of the property. One-half is paid by the grantor and one-half is paid by the grantee.

The usury endorsement is available. New Hampshire does not have a statute limiting the amount of interest charged in real estate transactions. The statutes governing mortgage lending are N.H. RSA Chapters 384 and 397-A.

None.

Deeds and mortgages need not be witnessed, but they must be acknowledged.