Page 33 - State Law Summary of Mechanic's Lien Law

New Hampshire NH

What is the statutory authority?
N.H. RSA §§ 447:1 – 447:14.
What is the Attachment Date of the Mechanic’s Lien?
The Lien attaches as of the first day of work or furnishing materials. N.H. St. § 447:2

What constitutes visible commencement of construction?
There is no visible commencement rule in New Hampshire.

What is the priority of the insured construction mortgage/
deed of trust?
A mechanic’s lien is superior to any permanent loan. N.H. St. § 447:9. Construction
loans have priority over mechanic’s liens if the lender can show the loan proceeds
were properly disbursed and used for labor and material on the real property. N.H.
St. § 447:12-a. Additional requirements are outlined in N.H. St. § 447:12-b.

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
A mechanic’s lien must be perfected within 120 days of the furnishing of labor or
materials. The lienholder must file a lawsuit, request a judicial attachment, record
the attachment in the registry and have it served by the Sheriff in the 120 day
period or the lien will be lost. N.H. St.§ 447.9 and 10.

What is the period of enforcement of a filed mechanic’s lien?
A mechanic’s lien must be enforced within 120 days after labor is performed or
materials are supplied. N.H. Rev. Stat. § 447:9-10.
Is there a procedure to bond over the mechanic’s lien(s)?
No.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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