New Hampshire foreclosure

The New Hampshire foreclosure system is set up so that lenders can use both judicial and non-judicial foreclosure but also a variety of other methods which we'll also discuss.

The lender can choose judicial foreclosure by filing a complaint at the courthouse of the county where the property is located. If the judge finds that the borrower is in default, he will allow a bit of time for him/her to cure it by paying the amount owed plus other fees. If the borrower doesn't pay in the time allowed, then the judge will give an order that the house be sold at auction to the highest bidder/

When there is a power of sale clause in the mortgage, the non-judicial process is followed. If the power of sale clause states the time, place and terms of the sale, then those terms are followed. If not, then the non-judicial foreclosure is carried out as follows:

1. A notice of sale is recorded in the county where the property is located.


2. A copy of this notice must be mailed to the borrower at least 25 days before the sale.


3. It must also be published once a week for 3 weeks in a newspaper of the county where the property is located. Also the first publication must occur at least 20 days before the sale.


4. The sale must occur at the property unless the power of sale clause states otherwise.

• Entry Order Process where the lender can foreclose by entering the property and maintaining possession for one year.


• Entry and Publication where the lender takes possession of the property and maintains possession of the property for one year and publishing a notice in a newspaper of the county where the property is located. This notice must state the borrower's name, the date of the mortgage and a description of the property. The notice must also be published for 3 consecutive weeks and the first publication must occur at least 6 months before the borrower's right to get the property back has expired.


• Possession and Publication where the lender takes possession of the property and publishing a notice stating that the property will be held for default of the mortgage. This notice must state the date from when the lender will hold the property and must be published in a newspaper of the county where property is located. It must be published for 3 consecutive weeks and must state the borrower's name, lender's name, description of the property and state the lender's intent to hold the property for one year.