New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 80:88 (2024)
Distribution of Proceeds From the Sale of Tax-Deeded Property
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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80:88 Distribution of Proceeds From the Sale of Tax-Deeded Property. –
I. Notwithstanding any other provision of law, for any sale by a municipality of property which is acquired by tax deed on or after the effective date of this section, the municipality's recovery of proceeds from the sale shall be limited to back taxes, interest, costs and penalty, as defined in RSA 80:90.
II. If there are excess proceeds over and above the amount of municipal recovery permitted under paragraph I:
(a) Within 60 days of settlement by the purchaser or purchasers of the property sold, the municipality shall file a bill of interpleader with the superior court for the county in which the property is located, naming the former owner or owners, and all persons having a recorded interest in the property as defendants, and paying to the court all amounts over and above those entitled to be retained.
(b) The municipality shall also be entitled to retain its reasonable costs and attorneys' fees for the preparation and filing of the petition.
(c) The court shall issue such orders of notice as are necessary, and shall make such disposition of the funds as it finds appropriate, based upon ownership and lienholder interests at the time of the tax deed.
(d) The municipality shall be deemed to have a continuing interest in said funds, and in default of valid claims made by other parties, such funds shall be decreed to be the property of the municipality, free and clear of any remaining liability.
III. No bill of interpleader shall be necessary under subparagraph II(a) if, at the time of the tax deed execution, there were no record lienholders, and only one record owner or joint owners, and such former owner or owners are easily identified and located, in which case the excess proceeds shall be paid to such owner or owners.
I. Notwithstanding any other provision of law, for any sale by a municipality of property which is acquired by tax deed on or after the effective date of this section, the municipality's recovery of proceeds from the sale shall be limited to back taxes, interest, costs and penalty, as defined in RSA 80:90.
II. If there are excess proceeds over and above the amount of municipal recovery permitted under paragraph I:
(a) Within 60 days of settlement by the purchaser or purchasers of the property sold, the municipality shall file a bill of interpleader with the superior court for the county in which the property is located, naming the former owner or owners, and all persons having a recorded interest in the property as defendants, and paying to the court all amounts over and above those entitled to be retained.
(b) The municipality shall also be entitled to retain its reasonable costs and attorneys' fees for the preparation and filing of the petition.
(c) The court shall issue such orders of notice as are necessary, and shall make such disposition of the funds as it finds appropriate, based upon ownership and lienholder interests at the time of the tax deed.
(d) The municipality shall be deemed to have a continuing interest in said funds, and in default of valid claims made by other parties, such funds shall be decreed to be the property of the municipality, free and clear of any remaining liability.
III. No bill of interpleader shall be necessary under subparagraph II(a) if, at the time of the tax deed execution, there were no record lienholders, and only one record owner or joint owners, and such former owner or owners are easily identified and located, in which case the excess proceeds shall be paid to such owner or owners.
Source. 1998, 238:2. 2007, 184:1, eff. Aug. 17, 2007.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2007–2025 · leading case: Richard Polonsky v. Town of Bedford, 190 A.3d 400 (N.H. 2018).
Richard Polonsky v. Town of Bedford, 190 A.3d 400 (N.H. 2018). “RSA 80:89, VII provides: "The duty of the municipality to notify former owners and distribute proceeds pursuant to RSA 80:88, and the former owners' right of repurchase under this section shall terminate 3 years after the date of recording of the deed.”
In re Stevens, 374 B.R. 31 (Bankr. D.N.H. 2007). “NH RSA 80:88(11). In effect, a municipality’s interest in tax deed property under New Hampshire law is limited to the statutory repurchase price.”
Richard Polonsky v. Town of Bedford, 238 A.3d 1102 (N.H. 2020). “” RSA 80:88, I (2012), :91. When a sale results in “excess proceeds over and above” the amount of back taxes, interest, costs, and penalties, the municipality must pay the excess proceeds to the former owner or record lienholders and follow specific statutory procedures to…”
Brandon Velez v. Rachael Eutzy, 2025 DNH 061 (D.N.H. 2025). “See also RSA 12-G:14 II(3) (attorney’s fees recoverable by municipalities to cover costs associated with collecting real estate taxes from entities leasing property from the Pease Development Authority); RSA 80:88 (attorney’s fees recoverable by municipalities to cover the cost…”
Velez v. Eutzy, No. 1:23-cv-00044 (D.N.H. May 14, 2025). “See also RSA 12-G:14 II(3) (attorney’s fees recoverable by municipalities to cover costs associated with collecting real estate taxes from entities leasing property from the Pease Development Authority); RSA 80:88 (attorney’s fees recoverable by municipalities to cover the cost…”
N.H. Rev. Stat. Ann. § 80:88(11): 1 case
In re Stevens, 374 B.R. 31 (Bankr. D.N.H. 2007). “NH RSA 80:88(11). In effect, a municipality’s interest in tax deed property under New Hampshire law is limited to the statutory repurchase price.”
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