Section 205-A:4-a Notice to Lienholders.
I. Any person who loans money secured by a lien on manufactured housing owned by a tenant in a manufactured housing park may give written notice of such lien to the park owner or operator and shall become an eligible lienholder for purposes of this section by giving such notice. An eligible lienholder may request the tenant to provide a copy of the park rules then in effect and a written statement disclosing the amount of rent and other charges that the tenant is obligated to pay to the park owner or operator. If the eligible lienholder is unable to obtain such park rules or information relating to the tenancy from the tenant or is uncertain as to its reliability, such lienholder may request the park owner or operator to provide such park rules or information to confirm its reliability. The park owner or operator shall provide such park rules and information to the eligible lienholder within 30 days of receipt of such request. If the park rules are amended or the amount of the rent or other charges are changed after the park owner or operator has received the original notice from the eligible lienholder, the park owner or operator shall give written notice of such change to such lienholder at the same time notice is given to the tenant. If the eligible lienholder assigns its interest in the lien on the manufactured housing, it shall give written notice of the assignment and the name and address of the assignee to the park owner or operator at the time the assignment is made. If the loan secured by the lien on the manufactured housing is repaid, the eligible lienholder shall give written notice of the release of the lien to the park operator or owner at the time the release is given. Any lienholder may release its lien on request of a park owner or operator on such terms and conditions as they may mutually agree.
II. At any time the tenant is in arrears for more than 30 days in the payment of rent and other charges, the park owner and operator may give written notice of such default by registered or certified United States mail, postage prepaid, to the eligible lienholder with a copy to the tenant. A specification of the amount that is past due and the current monthly rent and charges shall accompany such notice of default. The eligible lienholder shall have a period of not more than 60 days from receipt of such notice of default to determine whether it will assume responsibility for the payment of rent and other charges arising after the date of receipt of such notice of the default. If the tenant pays all unpaid rent and other charges within the 60-day period, the park owner or operator shall give notice of such payment in writing to the eligible lienholder, and no further action by such lienholder shall be required.
III. If the eligible lienholder elects to assume responsibility for the payment of rent and other charges commencing on the date of receipt of the notice of default pursuant to RSA 205-A:4-a, II, it shall notify the park owner or operator in writing, with a copy to the tenant, within the 60-day period and make payment of the rent and other charges that are due; provided, however, that no late charges shall be assessed against such lienholder if payment is made within the 60-day period. If the tenant subsequently pays all unpaid rent and other charges, including liquidated damages as provided in RSA 205-A:4, I, due to the park owner or operator, such lienholder shall not be responsible for the payment of rent or other charges thereafter unless a new event of default occurs and it agrees to assume responsibility for such payment pursuant to RSA 205-A:4-a, II and III. If the eligible lienholder performs its obligations under this paragraph, it may exercise all of its rights as a secured party including, without limitation, the foreclosure of its lien on the manufactured housing. The eligible lienholder shall have all of the rights of the tenant to sell the manufactured housing in the park. The eligible lienholder shall not take any action which is contrary to the park rules provided to it pursuant to RSA 205-A:4-a, I and shall comply with such rules at such time as it takes possession of the manufactured housing through foreclosure or otherwise.
IV. If the eligible lienholder elects not to assume responsibility for the payment of rent and other charges pursuant to RSA 205-A:4-a, III, it shall notify the park owner or operator in writing, with a copy to the tenant, and may remove the manufactured housing from the park within the 60-day period as permitted under the laws of this state. If the manufactured housing is not removed from the park within the 60-day period, the lien of the park owner or operator provided in RSA 205-A:4-a, VII relating solely to the amount of unpaid rent and other charges due from the tenant arising after the date of receipt of the notice of default by the eligible lienholder pursuant to RSA 205-A:4-a, II and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site shall take priority over the lien of such lienholder. Subject to such priority lien of the park owner or operator, the eligible lienholder may exercise all of its rights as a secured party including, without limitation, the foreclosure of its lien on the manufactured housing.
V. If a lienholder fails to give notice of its lien pursuant to RSA 205-A:4-a, I, or having given notice of its lien fails to give notice of the assignment thereof pursuant to RSA 205-A:4-a, I, or fails to give notice of its election to the park owner or operator within the 60-day period pursuant to RSA 205-A:4-a, III or IV, the lien of the park owner or operator provided in RSA 205-A:4-a, VII shall take priority over the lien of such lienholder.
VI. Any park owner or operator who fails to give notice in writing of any change in rent or other charges to an eligible lienholder shall be barred from collecting from such lienholder during the 60-day period provided in RSA 205-A:4-a, II any amount owed by the tenant which exceeds the rent and other charges previously disclosed to such lienholder. After the expiration of the 60-day period, the park owner or operator may collect from the eligible lienholder the rent and other charges then in effect in the park, as disclosed in the specification required in the notice of default as provided in RSA 205-A:4-a, II.
VII. A park owner or operator may commence eviction proceedings against a tenant at any time in accordance with the provisions of this chapter and may take possession of the space in the park occupied by such tenant following the issuance of a writ of possession, provided that if there is an eligible lienholder, it must be given written notice of the commencement of such proceedings and the eligible lienholder does not elect to assume responsibility for the payment of the rent and other charges within the 60-day period allowed by RSA 205-A:4-a, II. The park owner or operator shall have a lien on the manufactured housing of a tenant for the amount of all of the rent and other charges due from the tenant and of reasonable moving costs and storage charges if the park owner or operator removes the manufactured housing from the site, which lien shall take priority over all prior liens other than liens on account of real estate taxes and liens of eligible lienholders except as otherwise provided in RSA 205-A:4-a, IV and V. Such lien of the park owner or operator shall be in the nature of a security interest in manufactured housing as provided in RSA 477:44, IV. The park owner or operator may sell the manufactured housing as permitted by RSA 382-A:9 to recover the amount of its claim, subject to the homestead rights of the tenant as provided in RSA 480:1 unless waived by the tenant. A tenant shall be deemed to have waived the tenant's homestead rights if the tenant has executed a written waiver or if the rent and other charges due from the tenant are more than 60 days in arrears and the tenant has abandoned the premises, as evidenced by the absence of the tenant from the premises and the termination of any utility service serving the premises. Upon sale of the manufactured housing, the park owner or operator shall convey the manufactured housing by means of a deed or other document conforming to the requirements of RSA 477:44. The board of selectmen or assessors of the city or town may issue a statement that the manufactured housing may be relocated without the payment of the taxes assessed thereon as provided in RSA 80:2-a in the event the proceeds from the sale are insufficient to pay the full amount of the property tax outstanding. The costs of sale pursuant to RSA 382-A:9 shall be deducted from the proceeds of the sale and paid to the seller. Nothing contained in this section shall affect the obligations of the tenant to the park owner or operator under any rental or other agreement or the park rules.
Source. 1990, 57:1. 1994, 149:1. 1995, 28:2, eff. June 23, 1995.