SS · Prompt Payment and Construction Lien Act
Part 8 — Enforcement of Liens
54 Appointment of receiver and trustee
enforce a lien, any person interested in the property to which the
lien attaches or that is otherwise affected by the lien may apply to
the court for the appointment of a receiver of the rents and profits
from the property against which the claim of lien is registered, and
the court may order the appointment of a receiver on any terms and
on the giving of any security or without security, as the court
considers appropriate.
(2) At any time after a statement of claim has been issued to
enforce a lien, any person interested in the property to which the
lien attaches or that is otherwise affected by the lien may apply to
the court for the appointment of a trustee and the court may, on the
giving of any security or without security, as the court considers
appropriate, appoint a trustee
RSA 2000
PROMPT PAYMENT
(a) with power to manage, se ll, mortgage or lease the
property subject to the supervision, direction and
approbation of the court, and
(b) with power, on approval o f the court, to complete or
partially complete the improvement.
(3) Mortgage money advanced to the trustee as the result of any of
the powers conferred on the trustee under this section takes priority
over all liens existing at the date of the appointment of the trustee.
(4) Any property directed to be sold under this section may be
offered for sale subject to any mortgage or other charge or
encumbrance if the court so directs.
(5) The net proceeds of any receivership and the proceeds of any
sale made by a trustee under this section shall be paid into court
and are subject to the claims of all lienholders, mortgagees and
other parties interested in the property sold as their respective
rights may be determined.
(6) The court shall make all necessary orders for the completion of
the sale, for the vesting of the property in the purchaser and for
possession.
(7) A vesting order under subsection (6) vests the title of the
property free from all liens, encumbrances and interests of any kind
including dower, except in cases where the sale is made subject to
any mortgage, charge, encumbrance or interest.
RSA 1980 cB-12 s40;1985 c14 s24