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NEW HAMPSHIRE FORECLOSURE HELP

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New Hampshire Foreclosure Statute Laws


Judicial and non-judicial foreclosure is available in New Hampshire. Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in New Hampshire varies by process, but typically last 60 days. Right of Redemption is not allowed, and deficiency judgments are allowed.

Judicial Foreclosure:

• In New Hampshire, the judicial process of foreclosure is very similar to that of the strict foreclosure process used in other New England states.
• The judicial foreclosure process is one in which the lender must file a complaint against the borrower and obtain a decree of sale from a court having jurisdiction in the county where the property is located before foreclosure proceedings can begin.
• Generally, if the court finds the borrower in default, they will give them a set period of time to pay the delinquent amount, plus costs.
• If the borrower does not pay within the set period of time, the court will then order the property to be sold.
• Anyone may bid at the foreclosure sale, including the lender.
Non-Judicial Foreclosure:

Power of Sale Foreclosure Guidelines & Procedures:
• A notice of sale must be recorded in the county where the property is located and then:
• mailed to the borrower at least twenty-five (25) days before the sale; and
• published once a week for three (3) weeks, with the first publication appearing not less than twenty (20) days before the sale, in a newspaper of general circulation in the county where the property is located.
• The notice must contain:
• the time, date and place of sale,
• a description of the property and the default, 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 foreclosure sale must be held on the property itself, unless the power of sale clause specifies a different location.
• Special Methods of Foreclosure
• Entry under Process - The lender may foreclose by entering the property under process of law and maintaining actual possession of the property for one year.
• Entry and Publication - By peaceable entry onto the property and continued, actual, peaceable possession for a period of one year, and by a publishing a notice stating the time of possession, the lender and borrowers name, the date of the mortgage and a description of the property in a newspaper of general circulation in the county where the property is located. The notice must be published for three (3) successive weeks, with the first publication appearing at least six (6) months before the borrowers right to redeem has expired.
• Possession and Publication - By the lender in possession of the property publishing a notice stating that from and after a certain day, the property will be held for default of the mortgage and the borrower’s rights to the property will be foreclosed. Said notice must be published in a newspaper printed in the county where the property is located for three (3) successive weeks and must give the borrower and lenders name, the date of the mortgage, a description of the property and the lenders intention to hold possession of the property for at least one (1) year.
• Borrowers have no rights of redemption when any of the three (3) special methods of foreclosure are used.

Related Information:
For information on bank foreclosures in new hampshire visit Udolegal.com. Foreclosed homes for sale in new hampshirein 2009 have reached the highest levels since the great depression. For information on Hud foreclosure in manchester nh contact Manchester Field Office Norris Cotton Federal Building275 Chestnut Street, 4th Floor
Manchester, NH 03101-2487 Phone: (603) 666-7510

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