Foreclosure process in New Hampshire: notices and timeline

Judicial or non-judicial?

Mostly non-judicial. RSA 479:25 lets the mortgagee or its assignee give the statutory notices and sell under the power in the mortgage, “instead of such suit and decree of sale,” as long as every listed condition is met. Court routes still exist. A mortgagee can cut off the borrower’s right to redeem by entering the property and keeping possession for one year, in the ways listed in RSA 479:19, and after a conditional judgment on a mortgage with a power of sale the court can order the property sold under that power (RSA 479:22).

A borrower is not left without a court option. The mailed notice must say the borrower may petition the superior court, with service on the mortgagee, to enjoin the sale. If the borrower does not file and serve before the sale, later claims that the foreclosure was invalid are barred (RSA 479:25, II(c)).

Timeline step by step

The 45-day rule applies to a “residential mortgage,” meaning a mortgage on a dwelling of one to four family units, including individual condominium units and manufactured homes (RSA 397-A:1, VI-c).

What the notice must say

For an owner-occupied dwelling of four or fewer units, the notice to the borrower must include the mortgagee’s address for service of process and its agent’s name. It must also give the contact information for the New Hampshire Banking Department’s toll-free foreclosure information hotline, with the statement that the call is free (RSA 479:25, II(b)). The department’s own pages were not accessible for this article, so use the number printed in your notice. Every notice must also include the court-petition language described above.

Notice must “fully set forth” the date, time and place of sale, the town, county and street address, the mortgage date, the recording volume and page, and the terms of sale. A borrower who refuses mailed notice or avoids it by leaving no forwarding address is treated as notified if the lender made a good-faith effort.

Right of redemption

Before the foreclosure is complete, the owner may redeem by paying everything secured by the mortgage plus damages and costs (RSA 479:18). The sections read do not give a separate right to buy the home back after a power-of-sale auction. Title passes to the purchaser when the deed and affidavit are recorded (RSA 479:26, III). The lender may bid at the sale unless the mortgage says otherwise (RSA 479:27).

Deficiency judgments

The New Hampshire sections read for this article do not address whether a lender can sue for a balance after the sale. Whether you could still owe money depends on the loan documents and other law. Ask a New Hampshire attorney before you rely on a short sale or let a sale go forward.

Servicemembers

For a mortgage taken out before military service, a sale or foreclosure made during service or within one year afterward is not valid unless a court order was granted before the sale, or it follows an agreement under 50 U.S.C. § 3918 (50 U.S.C. § 3953(c)). Knowing violations are a misdemeanor (§ 3953(d)). Ask a military legal assistance office about your rights.

Help for homeowners in default

• Federal loss mitigation rules. If a servicer receives a complete loss mitigation application more than 37 days before a foreclosure sale, it generally may not move for foreclosure judgment or order of sale, or conduct the sale, until certain steps are finished (12 CFR 1024.41(g)).
• HUD. HUD describes free options and points homeowners to HUD-approved housing counseling agencies (HUD).
• State hotline. The Banking Department’s hotline number appears in your notice (RSA 479:25, II(b)).

Selling before the auction is another option. See home buying steps, capital gains on a home sale, Manchester, and whether you need an attorney.