New Hampshire Foreclosure Laws Summary

JudicialNon-JudicialProcess PeriodSale PublicationRedemption PeriodSale/NTS
NoYes59 Days24 DaysNoneTrustee
Comments: Non-judicial foreclosures only

The majority of New Hampshire foreclosures are carried out through out-of-court proceedings. The typical timeline for an out-of-court foreclosure is approximately three months, including the pre-foreclosure period.

Pre-foreclosure Period

Almost every foreclosure in New Hampshire occurs out of court through a mortgage provision that gives a lender the right to sell a property once a borrower defaults. Most mortgages require the lender to send a default notice to the borrower, detailing the default amount, providing a grace period of 30 days in which to pay the default, and warning that failure to do so will result in foreclosure. If the borrower does not pay off the default during the pre-foreclosure period, the lender can start the foreclosure process and schedule a foreclosure sale.

A borrower may also save the property and stop the foreclosure process prior to the foreclosure sale by paying the default amount, damages, and costs.

Notice of Sale / Auction

The notice of sale is published once a week for three weeks in a local newspaper, with the first publication appearing at least 21 days prior to the sale date. The notice is delivered to the borrower at least 26 days before to the sale date. The notice of sale includes the date, time, location, and terms of the sale; the location of the property; and the mortgage date.

The sale, specified in the notice, almost always occurs at the property itself and is usually run by the lender’s attorney or an auctioneer. The opening bid at the auction is typically set at 70-85 percent of the property’s fair market value. Anyone may bid at the auction, including the lender, and the property is sold to the winning bidder. Within 60 days of the sale, the winning bidder must pay the balance of the full bid amount and the lender must file the necessary recorded documents to transfer ownership to the winning bidder.

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