Stop Foreclosure New Hampshire

Did you know there are several programs that can help save your New Hampshire home and stop the impending foreclosure? Loss Mitigation Agencies, such as ours, are experts in these programs and have assisted thousands of homeowners by providing straight answers and viable solutions.

Sometimes things beyond your control can put you into a financial bind that makes it hard to keep up with your mortgage payments. Don't let a missed mortgage payments in New Hampshire turn into default, mortgage foreclosure or eviction.

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New Hampshire Foreclosure Laws

Lenders in the state of New Hampshire may foreclose on a deed of trust or a mortgage in default using a judicial or non-judicial foreclosure process. New Hampshire also allows the use of other special methods such as Entry under Process, Entry and Publication and Possession and Publication.

Judicial Foreclosure

A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property. This type of process is generally used when no power of sale is present in the mortgage or deed of trust. A power of sale is a clause found in a deed of trust or mortgage that authorizes the sale or transfer of land as outlined by the terms of that clause.

Non-Judicial Foreclosure

 The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Procedure

 If the deed of trust or mortgage has a power of sale clause and it details the time, place and terms of sale, then the outlined procedure must be followed. However, if the power of sale clause does not clarify the time, place and terms of sale, then a foreclosure sale is conducted as follows:

The notice of sale is recorded in the county where the property is located. The notice will contain the time, date and place of sale, a description of the property and the default, as well as a warning. The warning reads as follows: "You are hereby notified that you have the right to petition the Superior Court for the county in which the mortgaged premises are situated, with service upon the mortgagee (lender), and upon such bond as the court may require, to enjoin the scheduled foreclosure sale."

If the borrower chooses to sue and does not do so before the foreclosure sale, they loose the right to challenge the foreclosure in court at a later date.

A copy of the notice is mailed to the borrower at their last known address at least twenty-five (25) days before the sale. It is also published for three (3) consecutive weeks in a newspaper in the county where the property is located. The first publication must occur not less than twenty (20) days prior to the sale.

Legal Information Is Not The Same as Legal Advice This site provides information about New Hampshire state foreclosure law designed to help users safely cope with their own legal needs and possible find alternatives. Everyone's legal status is different. The laws of every state are in constant change and we recommend you consult a lawyer.