New Hampshire Foreclosure Law

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New Hampshire Foreclosure Laws

Typical New Hampshire Foreclosure Time Frame – Typical New Hampshire foreclosure time is approximately 60 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – No

New Hampshire foreclosure law provides for both judicial and non-judicial foreclosures for lenders seeking to remedy a defaulted mortgage. 

In the case of a judicial foreclosure, the lender is required to sue the borrower and obtain the courts permission in an order to foreclose.  Once the court issues an Order to Foreclose, the borrower is also granted a specific amount of time in which they may correct the default.  However, if the borrower does not correct the default the property is then ordered to be sold at a public auction.  In some circumstances, the court will order that the property be foreclosed by possession by the lender.  This would return the property to the lender without the need for a public auction.

In New Hampshire, non-judicial foreclosures are used when the mortgage contract or deed of trust include a power of sale stipulation or clause that pre-authorizes the lender to foreclose on the property in the event of a default.  A Notice of Sale is required to be mailed to the borrower to the last known address by either registered or certified mail no later than 25 days before the sale date.

In addition, New Hampshire foreclosure laws require a copy of the notice to be published in the local public newspaper for the area in which the property is located at least once a week for a minimum of three consecutive weeks.  The first publication must run a minimum of 21 days before the sale date.

The sale itself is held on the property unless the Power of Sale clause stipulates another specific location in which the sale will take place.

Borrowers are not allowed any rights of redemption. 

For more information on New Hampshire foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.