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New Hampshire

New Hampshire Revised Statutes § 479:25. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency. Deficiency is limited to debt

Mediation

No mandatory statewide program.

Statute Citation

N.H. Rev. Stat. Ann. §§ 479:22-479:27-b

Redemption Period

No statutory right of redemption after non-judicial foreclosure. New Hampshire abolished post-sale redemption for residential mortgages.

Deficiency Judgment Rule

Lender may pursue deficiency. Deficiency is limited to debt − fair market value. Fair value hearing must be requested. Deficiency action must be brought within 3 years of the sale.

Notice Requirements

Notice of sale published once per week for 3 consecutive weeks. Notice must be mailed to borrower. New Hampshire requires detailed compliance with the mortgage terms.

Mediation Program

No mandatory statewide program.

Key Provisions

  • Power of sale foreclosure (non-judicial)
  • Strict compliance with mortgage terms required
  • No post-sale redemption
  • Fair value hearing for deficiency

Homeowner Protections

  • Fair value limitation on deficiency
  • 3-week publication requirement for notice
  • Strict compliance with mortgage terms — deviations void the sale

Frequently Asked Questions

What notice does the lender have to give in New Hampshire?+
The notice of sale must be published once per week for 3 consecutive weeks in a newspaper circulated in the town where the property is located. Notice must also be mailed to the borrower at the address in the mortgage. The mortgage may require additional notice (certified mail, specific number of days). If the lender fails to comply strictly with the statutory and contractual notice requirements, the foreclosure may be void.
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