317.15 Release of Liens (MAM)

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Forward any requests to release a lien to OOS-ERU. Form 128, Release of Real Estate and Personal Property Lien, must be signed by the DHHS Commissioner or the Commissioner's designee, in order to release the lien.

Liens are not usually released until total reimbursement or the amount available for partial reimbursement is received. A lien may be released if the lien is in escrow when the property is to be sold and the transaction is handled through a bank.

DHHS may subordinate its lien to a banking institution for the purpose of obtaining an increased or new bank mortgage for repair or preservation of the property when it is in the best interest of the recipient and DHHS.

Only the Commissioner or the Administrator of the Estate Recoveries Unit may approve release of any lien that would compromise DHHS' claim.

References: He-W 695, RSA 167:13-16-a, RSA 167:28, 42 USC 1396p