New Hampshire Foreclosure Help – Stop Foreclosure in New Hampshire

 


Finding Foreclosure Help in New Hampshire

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Manchester Field Office

Norris Cotton Federal Building
275 Chestnut Street, 4th Floor

Manchester, NH 03101-2487

Phone: (603) 666-7510

Fax: (603) 666-7667

TTY: (603) 666-7518
Jurisdiction: State of New Hampshire

Gregory G. Carson
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

New Hampshire Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process, which typically takes 60 days.
  • The borrower has no rights of redemption.
  • The lender may sue for deficiency judgements.

In addition to the regular judicial and non-judicial processes of foreclosure, New Hampshire also has special methods to foreclose which includes the Entry under Process, Entry and Publication and Possession and Publication.

Judicial Foreclosure
A complaint must first be filed by the lender in the court that has jurisdiction over the property to issue a declaration of sale. Before the sale can proceed, the court gives a time period for the borrower to pay the amount the he owes plus additional costs that the lender incurred during the foreclosure process. If the borrower is unable to pay his debts, the property can be sold to the highest bidder at an auction. The lender can also bid for the property.

Non-Judicial Foreclosure
If the power of sale clause is present in a mortgage, the non-judicial process is used. This clause states that the borrower has allowed the lender to sell the property to pay off his debts in the event of their default. In this process, the lender or a trustee has the power to sell the property at an auction by following the “Power of Sale Foreclosure Guidelines” below.

Power of Sale Foreclosure Guidelines
If the power of sale clause states the specifics of the sale, these must be followed. If not, the non-judicial foreclosure process must proceed as follows:

A notice of sale must be recorded in the county where the property is located. A copy of this notice must also be sent to the borrower at least 25 days before the date of sale.

The notice of sale must be published in the county newspaper in 3 consecutive weeks so that the public will be informed about the sale. The first ad should be published at least 20 days prior to the foreclosure sale.

The notice of sale must contain the important information regarding the sale such as time and place of sale, as well as a description of the property. This notice will also serve as a warning for the borrower that the property is to be foreclosed.

The foreclosure sale must take place on the property itself if it is not stated in the power of sale clause.

Special Methods of Foreclosure

  1. Entry under Process – the lender has the right to foreclose a property and gain possession of it for up to 1 year.
  2. Entry and Publication – this is done by peaceful entry on the property and possession up to 1 year. A notice must be posted and published in the newspaper for 3 consecutive weeks which informs the public about the time of possession, borrowers and lenders names, original date of mortgage and a description of the property. The first publication must be done 6 months before the rights of redemption of the borrower has expired.
  3. Possession and Publication – a notice must be published in the newspaper which states that a property is held for default on a mortgage and that a borrower’s right to the property has been suspended. It should also state the intent to posses the property for a year by the lenders.

The borrower’s right of redemption is lost after any of these procedures is used.