HB1168: relative to decrees pro confesso in title dispute actions.

HB 1168 - AS INTRODUCED

2016 SESSION

16-2402

09/05

HOUSE BILL 1168

AN ACT relative to decrees pro confesso in title dispute actions.

SPONSORS: Rep. Brewster, Merr. 21

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits a judge from entering a decree pro confesso upon a default of a defendant in a title dispute action when the defendant has filed a written answer. The bill also requires notice to all parties and an opportunity for a damages hearing prior to the entering of a decree pro confesso in a title dispute action.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2402

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to decrees pro confesso in title dispute actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Title Dispute Actions; Decrees. Amend RSA 498:5-d to read as follows:

498:5-d Decrees.

I.(a) The court in any action brought under the provisions of RSA 498:5-a shall hear the several claims and determine the rights of the parties, whether derived from deeds, wills or other instruments or courses of title, and may determine the construction of the same, and may render judgment determining the questions and disputes and quieting and settling the title to such property. In any case in which a tax sale is adjudged invalid, the court, as a condition precedent to the entry of a decree setting aside such sale, shall require the claimant of the property in question to pay to the purchaser a sum of money equal to the amount paid by such purchaser at the tax sale in question, including fees prescribed by law and the amounts paid by such purchaser to satisfy any taxes assessed against the property in question subsequent to such tax sale, with interest thereon at the legal rate from the date of such sale or date of payment of such subsequent taxes to the date of the decree.

(b) No decree pro confesso shall be entered upon default of a party in any action brought under the provisions of RSA 498:5-a when the party has filed a written answer. The court shall provide notice to all parties and an opportunity for a damages hearing prior to the entering of a decree pro confesso in a title dispute action.

II. If the provisions of RSA 80:58-86 are adopted by a municipality as provided in RSA 80:87, the provisions of [paragraph I] subparagraph I(a) relative to tax sales shall not apply.

2 Effective Date. This act shall take effect January 1, 2017.