If you are facing foreclosure in New Hampshire, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in New Hampshire
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of New Hampshire foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Nonjudicial: under power of sale in deed of trust|
|Time to respond||Foreclosing party must either personally serve homeowner with notice 25 days before the sale or publish the notice once a week for three consecutive weeks, with the first publication at least 20 days before the sale.|
|Reinstatement of loan before sale||No|
|Redemption after sale||No|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||N.H. Rev. Stat. Ann. § 540:11-a|
|Deficiency judgments||May be obtained by filing separate lawsuit after the foreclosure sale, provided lender acts in good faith regarding the sale price.|
|Cash exempted in bankruptcy||About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions|
|Notice to leave after house is sold||New owner must give former owner a 30-day notice to quit (leave) before bringing an eviction lawsuit. Former owner has seven days to respond after being served by sheriff.|
|Foreclosure statute||N.H. Rev. Stat. Ann. § 479:25|