Chapter 846. Mortgages
Section
49-1When foreclosure a bar to further action on debt.49-2Inclusion of taxes and other items as part of mortgage debt. Open-end mortgage. Reverse annuity mortgage. Negative amortization.49-2aInterest on funds held in escrow for payment of taxes and insurance.49-2b(Formerly Sec. 37-10). Interest on escrow accounts; regulations of Banking Commissioner.49-2cExceptions.49-3Mortgage securing future advancements.49-4Mortgages by U.S. government and certain credit associations and banks to secure future advancements.49-4aOpen-end mortgages, United States or its instrumentalities and certain banks authorized to hold.49-4bOpen-end mortgage as security for guaranty of an open-end loan. Mortgage deed requirements. Description of loan and secondary liability.49-4cMortgage as security for obligations under an electricity purchase agreement.49-5Mortgages on property of public service companies.49-5aMaster mortgage recording.49-5bRequired information in a mortgage contingency clause.49-6Trust mortgages.49-6aDefinitions. Interim financing policy disclosure required.49-6bDefinitions.49-6cNotice of late fee required. Exception.49-6dLegal representation.49-7Agreements concerning expenses and attorneys' fees.49-7aLenders prohibited from requiring multiple original notes.49-7b to 49-7e49-7b to 49-7e49-7fMortgage brokers and lenders prohibited from referring buyers of real property to a real estate broker, salesperson or attorney for a fee or commission. Suspension or revocation of licenses.49-8Release of satisfied or partially satisfied mortgage or ineffective attachment, lis pendens or lien. Damages.49-8aRelease of mortgage. Affidavit. Recording of affidavit with town clerk. Penalty for recording false information. Payment accepted for mortgage loan.49-9Release of mortgage, mechanic's lien or power of attorney. Form of instrument. Index. Operation of executed release.49-9aValidation of release of mortgage. Affidavit.49-10Assignment of mortgage debt. Form of instrument. Requirements. Sufficient notice of assignment. Allocation of recording fees paid by a nominee of a mortgagee. Operation of executed assignment.49-10aRequest for payoff statement or reinstatement payment statement.49-10bResidential real estate transaction involving payoff of mortgage loan. Disclosure statement prepared and sent to mortgage holder by notification agent. Form.49-11Release of mortgage by executor, administrator, spouse, next of kin, guardian, conservator or other suitable person.49-12Release of mortgage by foreign executor, administrator, trustee, conservator or guardian.49-13Petition for discharge of mortgage or ineffective attachment, lis pendens or lien.49-13aUndischarged mortgage invalid as further lien. Time periods. Tolling of time period by recording notice.49-14Deficiency judgment.49-15Opening of judgments of strict foreclosure.49-16Foreclosure certificate. Penalty.49-17Foreclosure by owner of debt without legal title.49-17aCollection of rental payments without legal title.49-18Foreclosure by executor, administrator or trustee.49-19Title to vest in encumbrancer paying debt and costs.49-20Redemption by holder of encumbrance on part of property foreclosed.49-21Defendant to receive and file certificate of satisfaction or certificates of judgment of strict foreclosure or foreclosure by sale.49-22Execution of ejectment on foreclosure judgment. Disposition of property.49-22aExecution of ejectment on foreclosure judgment on mortgage guaranteed by Administrator of Veterans' Affairs.49-23Ejectment by mortgagee barred by tender of debt and costs.49-24Court may foreclose lien or mortgage on land by sale or market sale.49-24aDefinitions.49-24bAgreement to pursue foreclosure by market sale.49-24cAppraisal of property in foreclosure by market sale.49-24dListing agreement in foreclosure by market sale.49-24eContract for sale of property in foreclosure by market sale.49-24fJudgment of foreclosure by market sale.49-24gRight-of-first-refusal law days.49-25Appraisal of property.49-26Conveyance; title of purchaser.49-27Disposal of proceeds of sale.49-28When proceeds of sale will not pay in full.49-29Expenses of sale and costs.49-30Omission of parties in foreclosure actions.49-30a to 49-30o49-30a to 49-30o49-30pUnderwater mortgage: Definitions.49-30qModification of underwater mortgage.49-30rConveyance of property encumbered by underwater mortgage in satisfaction of mortgagor's obligation. Transfer agreement.49-30sTransfer agreement to convey property subject to underwater mortgage.49-30tJudgment of loss mitigation following agreement under section 49-30q or 49-30r.49-30uJudgment of loss mitigation following agreement under section 49-30s.49-30vNonentry of judgment of loss mitigation.49-30wJunior lien on property encumbered by underwater mortgage.49-31Actions against the state.49-31aSubordination clauses.49-31bInformation in deed sufficient notice as to nature and amount of obligation. Deed for variable rate mortgage loan.49-31cWhen subordination not subject to statute of frauds and automatically effective.49-31dDefinitions.49-31eApplication for protection from foreclosure.49-31fApplication for protection from foreclosure action. Qualifications. Court determination of eligibility. Stay of foreclosure action.49-31gRestructuring of mortgage debt by court.49-31hPartial payment by homeowner mandated by court as condition for granting of restructuring order.49-31iDetermination of restructured mortgage debt. Limitations on amount of mortgage debt following restructuring. Computation of new mortgage debt.49-31jRegulations.49-31kDefinitions.49-31lForeclosure mediation: Notice of foreclosure mediation program. Forms. Procedure. Stay of litigation.49-31mEzequiel Santiago Foreclosure Mediation Program.49-31nMediation period. Information required. Termination of program.49-31oConsent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator.49-31pSuccessor in interest in foreclosed property secured by federally-related mortgage loan. Assumption of interest limited. Definitions.49-31qSuccessor in interest in foreclosed property. Termination of tenant lease and assumption of interest subject to tenant lease.49-31rForeclosure mediation: Notice of community-based resources.49-31sSimultaneous filing of motions for judgment of foreclosure and for default for failure to appear permitted for vacant, abandoned and unoccupied real property.49-31t and 49-31uEligibility for foreclosure mediation program after consent to foreclosure by market sale. Foreclosure mediation program: Certificate of good standing.49-31vForeclosure mediation program: Funding.