Summary of New Hampshire's Foreclosure Laws

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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.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale

Time to respond

Foreclosing party must either personally serve or mail homeowner notice 25 days before the sale, and 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

Not available (except as required by the terms of the mortgage contract)

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Federal Servicemembers Civil Relief Act protections extended to members of the state guard, national guard, or militia called to active duty by the governor for a period of 30 days or more. N.H. Rev. Stat. § 110-C:2

Deficiency judgments

May be obtained by filing separate lawsuit after the foreclosure sale, provided lender exerts every reasonable effort to obtain a fair and reasonable price at the sale.

Cash exempted in bankruptcy

About $12,725 for one person, $25,450 for a married couple under federal bankruptcy exemptions. Up to $8,000 under state bankruptcy exemptions.

Notice to leave after house is sold

New owner (usually the foreclosing party) 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

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