Foreclosures and Liens: NH Condominium Law Insights

October 15, 2022

NH condominium law encompasses a vast range of areas and topics. From foreclosures to the coordination of insurance claims, having an experienced team by your side generally proves worthwhile. At Feniger, Uliasz & Stacey, our attorneys represent associations, boards, and property managers in all areas of litigation – including the defense of counterclaims filed by unit owners, claims against directors and officers, claims of discrimination, and so on. 

While many of the topics that fall under the umbrella of condominium law are sticky, some tend to prove a bit more than others. Here, we delve into a past case involving a bank-owned property and foreclosure.


condominium law nh


Case Study

Not far ago, the law firm of Feniger, Uliasz & Stacey was called upon to test the New Hampshire foreclosure statute, RSA 479:26 in the case of Bank of New York Mellon, f/k/a The Bank of New York, as Trustee of the Certificate Holders of CWABS, Inc., Asset Backed Certificates Series 2007-5 v. Franklin Heights Condominium Association.

The primary issue addressed was whether a lien filed after the 60-day period for recording of the foreclosure deed expired prior to the mortgage or was wiped out by the foreclosure sale. To this point, there had been no reported decisions to define an intervening lien. There was no dispute that the Bank neglected to file the foreclosure deed within the 60 days prescribed under the statute, or that the lien holder filed its lien before the foreclosure deed was recorded.

The case was litigated through motions and cross motions for summary judgment. Feniger, Uliasz & Stacey also filed a counterclaim for unjust enrichment on behalf of its client.

While the court ruled that the bank had priority over the pre-foreclosure portion of the lien it gave priority of the post foreclosure lien to the lien holder and found sufficient facts to proceed to trial on the issue of unjust enrichment.

Ultimately, the case was settled following the trial management conference, prior to the filing of an appeal of the court’s ruling on the summary judgments or trial on the claim of unjust enrichment. The settlement was of significant benefit to the client of Feniger, Uliasz & Stacey, allowing it to recover far more than was available before litigation.


NH Condominium Law Experts

When it comes to finding representation for NH condominium law, the experience at Feniger, Uliasz & Stacey delivers results. Contact our office today to schedule your consultation with one of the most trusted teams in Manchester, NH! 


Contact Feniger, Uliasz & Stacey today by calling 603.627.5997.