How Foreclosure Works in New Hampshire

Both. A lender holding a mortgage with a power of sale may foreclose out of court by giving the required notices and selling the property under the power, instead of bringing a court suit and decree of sale. A court case can also end in a decree that the property be sold under the power.

For a sale under a power of sale, notice must be published once a week for 3 successive weeks in a newspaper of general circulation in the town or county, with the first publication at least 20 days before the sale. A copy must be served on the borrower (mortgagor) or sent by registered or certified mail to the last known address at least 45 days before the sale for a residential mortgage (25 days for other mortgages), and to recorded lienholders at least 21 days before the sale. For owner-occupied homes of 4 or fewer units, the notice to the borrower must include the lender's agent for service of process and the New Hampshire Banking Department's toll-free foreclosure information hotline. Every notice to the borrower must state that the borrower has the right to petition the superior court to stop (enjoin) the scheduled sale; if the borrower does not file and serve such a petition before the sale, later challenges to the validity of the foreclosure are barred.

The statute sets minimum notice periods before a power-of-sale foreclosure: at least 45 days' mailed or served notice to the borrower for a residential mortgage (25 days otherwise), at least 21 days' notice to recorded lienholders, and newspaper publication for 3 successive weeks starting at least 20 days before the sale. After the sale, the foreclosure deed, notice and affidavit must be recorded within 60 days; title passes to the buyer when they are recorded.