Section Ins 1806.01 - Procedures for Obtaining and Extending Liens(a) The commissioner shall file a lien on all real and personal property of a CCRC whenever the commissioner has evidence showing that the CCRC has breached its contracts with residents or is engaged in activity which is harmful to residents' physical or mental well-being. Any such lien shall be filed and administered in accordance with all applicable laws respecting such liens.(b) When the commissioner forecloses a lien, the commissioner shall prepare a plan to distribute any proceeds from the foreclosure in a manner that will best permit the satisfaction of any resident contracts in effect at that time. The commissioner shall give a written copy of this plan to each contractholder affected by the foreclosure, and shall allow contractholders to comment on the plan before the commissioner distributes any proceeds. The commissioner shall allow affected contractholders to submit comments for a period of at least 15 days after the date on which the commissioner mailed copies of the plan.(c) With respect to the lien property, liens established by the commissioner shall not have priority over mortgages, security agreements, lease agreements, or installment sales agreements on property not otherwise encumbered which a CCRC has entered into with an issuer of bonds or notes and bonds which are secured by resolution, ordinance, or indenture of trust if such mortgages or agreements were duly recorded at least 4 months prior to the institution of rehabilitation or liquidation proceedings.N.H. Admin. Code § Ins 1806.01
#7014, eff 7-1-99; EXPIRED: 7-1-07
New. #8991, eff 10-1-07
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10944, Effective 10/8/2015, Expires 10/8/2025.