SELF-SERVICE STORAGE FACILITY LIENS
451-C:10 Notice to Lienholder With Regard to a Motor Vehicle.
I. An owner shall inquire in writing, by verified mail, personal delivery, or any other method permitted by the division of motor vehicles or the secretary of state, to determine from the division of motor vehicles and the secretary of state with regard to a motor vehicle whether a lien exists upon the title to said motor vehicle. Any such written inquiry that requests information on financing statements filed under RSA 382-A shall be in the form, and subject to the fees, required by that chapter. If no lien is found, or in the case where the inquiry had been made in writing and no response is received from the division of motor vehicles or the secretary of state within 14 days after such inquiry is sent by verified mail or otherwise delivered, the owner may proceed to sell or otherwise dispose of such motor vehicle as prescribed by this chapter.
II. If determination is made under the procedure described in paragraph I that a lien exists, a notice of sale under this chapter shall be sent by verified mail to the last known address of each holder of a security interest or lienholder no less than 14 days before the sale. The notice shall state the time and place of the sale, the property to be sold, and the amount of the rent, charges, fees, or expenses owed. Notwithstanding any other provision of this chapter, any lienholder having a properly perfected lien or security interest shall be entitled to remove such personal property from the owner's possession or from the renter's rented space within 14 days of the date of delivery of the notice of the sale upon payment of all unpaid rents, fees, charges, and expenses for the rented space. The lienholder's right to possession of the motor vehicle in accordance with this paragraph is established notwithstanding the lack of breach by the owner of such motor vehicle under the debt instrument or security agreement creating the lien or security interest on such motor vehicle. The owner shall not be responsible for determining priority as between any competing lienholders. If the owner and the lienholder who has received the notice agree to store the motor vehicle at the facility, the lienholder shall pay the amount of the rent, charges, fees, and expenses due from and after the date of the notice to the lienholder, and pay the monthly rental fee until such personal property is removed from the facility.
III. Notice by verified mail shall be deemed delivered when deposited with the United States Postal Service or any other carrier if it is properly addressed with postage prepaid.
Source. 2019, 242:1, eff. Oct. 10, 2019.