Legal Question in Real Estate Law in New Hampshire

Re: mortgages

Most mortgage are not assignable, so you likely won't be able to take over the mortgage from the current owner. If you are paying off the mortgage with cash, then you need a payoff statement from his mortgage company.

Re: mortgages

I'm sorry that I may not fully understand your question. Are you purchasing an existing mortgage on a property? In that event you need an assignment of the mortgage to be recorded in the proper county registry of deeds. A transfer of the underlying promssiory note is also appropriate along with suitable notice to the debtor. If you are talking about the so-called "seller taking back paper," then we would go down a different path to create a new mortgage and promissory note.

I wish I could be more specific, but the facts you present are quite limited. You should consult with an attorney as these are significant transactions for most people.