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NH House votes to require court involvement in foreclosure process - March 1 2019

It took eight votes for the New Hampshire House to pass a bill last week that would require lenders take borrowers to court before taking their property.

But if the past is any indication, House Bill 270 still might have an uphill battle to become law. The Democrat- dominated House Judiciary Committee recommended killing it by a 13-5 margin and the Democratic House followed suit on by one vote, until it reconsidered, again and again.

Currently, New Hampshire is one of a handful of states that allow mortgage foreclosure simply by notifying the homeowner, though the borrower could challenge the action in court. HB 270 “changes that burden of proof from the homeowner to the bank,” said Rep. David Woodbury, D-New Boston, and prevents a homeowner from being blindsided.

In committee, some supporters pointed to horror stories from the last recession, when homes were sold and shuffled to a variety of real estate trusts and there was little documentation that the entity filing the foreclosure actually owned the home.

The public's business: On the NH Legislature's schedule this week - Feb. 15 2019

Two major votes on payroll deductions for a family and medical leave insurance plan, a vote and a hearing on whether to roll back business tax cuts and votes on a gas tax, employment law and the Affordable Care Act are on the NH Legislature’s schedule this week.

The week starts with a sunny disposition. On Tuesday, morning at 9 a.m., the Senate Education and Workforce Development Committee will hold a hearing on Senate Bill 247, which would establish a sunny day fund at the Department of Business and Economic Affairs. That means if the rainy day fund is bloated, as much as $15 million could be used for a DBEA fund for research and development to stimulate competitive research in key industrial sectors.

Here are some other things lawmakers have in store:

Tuesday, Feb. 12

After 10:30 p.m., the House Education Committee plans to vote on House Bill 689, which would appropriate $5 million for a program to give students who complete a financial literacy program $250 in a college investment account.

can a mortgage lender seek deficiency if I filed for bankruptcy in NH?

Chapter 7 discharged in 08. Mortgage was not reaffirmed.


No. If you did not reaffirm, your personal liability for the mortgage was discharged in bankruptcy. Any attempt to collect any deficiency would be a violation of the discharge order.