New Hampshire Foreclosure Laws

New Hampshire Foreclosure Laws

authorWritten by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated

Key Takeaways

  • New Hampshire is a non-judicial foreclosure state with a typical timeline of about 60 days.
  • The sale is held on the property itself and goes to the highest bidder.
  • Borrowers have no right of redemption, and deficiency judgments are allowed.

New Hampshire is a non-judicial foreclosure state. The typical foreclosure timeline in the state is 60 days. Deficiency judgements are allowed.

Judicial Non Judicial Comment Process Period Publish Sale Redemption Period Sale/NTS
• Non-judicial only 59 days 24 days None Trustee

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a mortgage contains the Statutory Power of Sale. A “power of sale” clause authorizes the sale of property to pay off the balance on a loan in the event of a default. In mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

A notice of sale must be mailed to the borrower at least 25 days before the sale, published once a week for 3 weeks with the first publication appearing not less than 20 days before the sale in a newspaper of general circulation in the county where the property is located. The notice should contain the time, date and place of sale, a description of the property as well as a “warning” to the borrower, informing him the property is going to be sold and what rights he has to stop the procedure. The Notice must also be sent to any party with a recorded interest in the property within 30 days of the scheduled foreclosure sale and to the Tax Collector of the City or Town.

The foreclosure sale must be held on site of the property itself. The property will be sold to the highest bidder.

Borrowers have no rights of redemption.

Frequently Asked Questions

How long does foreclosure take in New Hampshire?

The typical foreclosure timeline is about 60 days.

Is there a redemption period after foreclosure in New Hampshire?

No. Borrowers have no right of redemption after the sale.

Manuel Martinez

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.

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