Surplus funds in New Hampshire: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Power-of-sale: mortgagee/foreclosing counsel holds surplus (no clerk-deposit statute). Written demand + account; superior court if refused. RSA 479:26 is deed-recording only.
No surplus-distribution or fee-cap statute in RSA 479. Common-law duty to account; juniors then mortgagor. No non-attorney bar found. Unclaimed privately held funds later reportable under RSA 471-C.
Tax sale overages
Yes — we recover this here.
Municipality sells tax-deeded land; excess paid to sole easily-found owner, else bill of interpleader in superior court within 60 days of settlement (RSA 80:88).
Deadline: RSA 80:89(VII) 3-yr cutoff held unconstitutional (Polonsky 2020); Tyler confirms ongoing surplus right.
RSA 80:88 already returned excess pre-Tyler. Town keeps only taxes/interest/costs/penalty (80:90). No fee cap or assignment bar found. Repurchase (80:89) is separate, not a surplus prerequisite.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Mortgage: dormant lender funds → RSA 471-C. Tax: statute still decrees unclaimed $ to town (80:88(II)(d)) but Polonsky/Tyler bar taking. UP: 24-mo finder bar, no % cap (471-C:39).
Cars, boats & RVs in New Hampshire: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://gc.nh.gov/rsa/html/xlviii/479/479-26.htm · https://gc.nh.gov/rsa/html/v/80/80-88.htm
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