New Hampshire Foreclosure Timeline and Laws

New Hampshire Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

New Hampshire’s preferred method of foreclosure is by non-judicial foreclosure. Lenders can also go to court for a judicial foreclosure proceeding by filing a lis pendens and complaint, which must be served on the borrower and any interested parties. The court must approve the sale.

Notice Requirements for Foreclosure in New Hampshire

Prior to initiating a foreclosure, the lender must file a notice of sale, stating the date, time and place of sale, a description of the default, the lender’s election to sell and recording information from the deed of trust, record the notice in the county where the property is located, and mail a copy to the borrower and interested parties at least twenty-five days prior to the sale. The notice must be published at least once a week for three consecutive weeks in a newspaper of general circulation with the first publication not less than twenty days before the sale.

New Hampshire Deficiency and Anti-Deficiency Laws

The lender may obtain a deficiency judgment if the property is sold at a public sale for less than the loan amount.

New Hampshire Redemption Rights

New Hampshire has no post-sale statutory right of redemption.

New Hampshire Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• New Hampshire Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

New Hampshire foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.