RSA 151-H:7 Recoupment of State Expenditures.

Upon court approval, the state may, pursuant to a petition filed by the department, have a lien for any loan under RSA 151-H:4, VI upon the following property: the building in which the facility is located; the land on which the facility is located; and any fixtures, equipment, or goods used in the operation of the facility. However, the department shall have the burden of proving by clear and convincing evidence that the owner or owners of the property directly benefited from the loan and that the court determines that approval of such lien is fair and equitable considering all of the factual circumstances in a light most favorable to the owner or owners. Such lien shall be prior to any mortgage or lien which the court orders to be avoided by the receiver because it has been obtained for