Governor Lynch’s Veto Message Regarding HB 1333

FROM THE OFFICE OF THE GOVERNOR

July 11, 2008

Contact: Communications Director
Office of the Governor
603-271-2121


By the authority vested in me, pursuant to part II, article 44 of the New Hampshire Constitution, on July 11, 2008, I vetoed House Bill 1333, an act relative to post foreclosure eviction actions.

I appreciate the sponsor’s efforts to address an ambiguity in our laws regarding how evictions take place following a foreclosure sale. However, I cannot support HB 1333. This bill would allow the successful bidder at a foreclosure auction, prior to becoming the owner of the property, to immediately begin to evict tenants on the property. This may mean that tenants could be evicted by somebody who does not yet legally own the property where the tenants live. And, in some cases, the sale of the property could fall through without the auction winner ever becoming the property owner. For this reason, I believe that it is more prudent for any eviction process to commence after legal title to the property has passed to the new owner. That approach will result in a process that is fairer to tenants who face eviction and live in property subject to foreclosure.

Respectfully submitted,