In New Hampshire foreclosure is done by Judicial or Non-judicial method or sometimes by special methods such as Entry under process, Entry and publication or possession and publication.

What is the processing period for foreclosure in New Hampshire?

It varies by the process, but normal is around 60 days in New Hampshire.

What is sale publication period in New Hampshire for foreclosure?

Sale publication period is 24 days in New Hampshire.

Is there any right of redemption in New Hampshire for foreclosure?

New Hampshire does not offer a right of redemption.

Are deficiency judgments permitted in New Hampshire?

Deficiency judgments are permitted in New Hampshire.

Which law provision governs foreclosure in New Hampshire?

The laws which govern New Hampshire foreclosures are found in Title 38 New Hampshire Revised Statutes, Chapter 479 (Mortgages of Realty). Judicial foreclosures are referenced in Chapter 479:1-24, and power of sale foreclosures are referenced in Chapter 479:25-30.

What happens during Judicial Foreclosure in New Hampshire?

In New Hampshire judicial foreclosure is similar to strict foreclosure in other New England states. Lender needs to file a complaint against the borrower and obtain court ruling from county court. If court finds the borrower in default, it provides him some time to pay back the debt. If borrower does not pay within that time, the court orders sale of property.

What happens during Non-Judicial Foreclosure in New Hampshire?

Non-judicial foreclosure is conducted only when power of sale clause exists in deed of trust/mortgage. This clause allows borrower pre-authorizes the sale of property to pay off the balance loan in the incidence of their default. In such cases power is given to lender to sell the property by himself or his representative who generally referred as trustee. Guidelines for such procedure are mentioned under ?Guidelines for power of sale foreclosure?.

Guidelines for power of sale foreclosure

If the deed of trust/mortgage contains a power of sale clause with specified time, place and terms of sale, then it should be followed.

Otherwise foreclosure takes place as follows:

A notice of sale must be recorded at the county office; copy of notice should be mailed to the borrower 25 days before the sale. It should be published once a week for three weeks, first ad should appear 20 days before the sale. The notice should have date/time/place of the sale and also the warning to the borrower, informing him that the property is going to be sold and what rights he has to stop the procedure. The sale should be carried out at property itself.

What happens during Entry under process foreclosure in New Hampshire?

The lender can foreclose the said property by entering the property under process of law and maintaining actual possession of the property for one year. The borrower does not have right of redemption, if foreclosure is done by this method.

What happens during Entry and publication foreclosure in New Hampshire?

In this method, lender has to give notice with stating the time of possession while taking peaceful possession for one year, with the lender and borrowers name, the date of the mortgage and a description of the property. This notice should be published in the local newspaper of the county for continuous three weeks. First notice should appear at least six (6) months before the borrower's right to redeem has expired.

What happens during Possession and publication foreclosure in New Hampshire?

In this method, lender gives notice which mention date/time after which property will be held for default of the mortgage and the borrower does not have any right in the said property. This notice should have the lender and borrowers name, the date of the mortgage, description of the property and lender's intention to hold possession of property for at least one year. It should be published for 3 weeks continuously in local newspaper. The borrower does not have right of redemption, if foreclosure is done by this method.

This is legal information; it should not be treated as legal advice.

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