In New Hampshire, lenders have two options to foreclose on a property: judicial foreclosure and non-judicial foreclosure. For judicial foreclosure, the lender must file a complaint and obtain a court order to sell the property. For non-judicial foreclosure, the lender can execute a power of sale if the deed of trust or mortgage contains such a clause; this involves publishing notices and holding a public auction. There are also three special foreclosure methods where the borrower has no right of redemption: entry under process, entry and publication, and possession and publication.

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New Hampshire Foreclosure Law Summary
WHAT IS A SHORT SALE
Quick Facts
WHY USE SHORT SALE US
- Judicial Foreclosure Available: Yes
SUCCESS STORIES
- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instruments: Deed of Trust, Mortgage
FAQs
- Timeline: Varies by Process; Typically 60 days
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- Right of Redemption: None
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In New Hampshire, lenders may foreclose on a mortgage or deed of trust in
CONTACT US default by using either the judicial or non-judicial foreclosure processes or any
of the following special methods: Entry under Process, Entry and Publication
HIRE US or Possession and Publication.
Judicial Foreclosure
In New Hampshire, the judicial process of foreclosure is very similar to that of
the strict foreclosure process used in other New England states. The judicial
foreclosure process is one in which the lender must file a complaint against
the borrower and obtain a decree of sale from a court having jurisdiction in the
county where the property is located before foreclosure proceedings can
begin. Generally, if the court finds the borrower in default, they will give them a
set period of time to pay the delinquent amount, plus costs. If the borrower
does not pay within the set period of time, the court will then order the
property to be sold. Anyone may bid at the foreclosure sale, including the
lender.
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 the 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 Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out in

2. the following phases:
A notice of sale must be recorded in the county where the property is located
and then: 1) mailed to the borrower at least twenty-five (25) days before the
sale; and 2) published once a week for three (3) weeks, with the first
publication appearing not less than twenty (20) days before the sale, in a
newspaper of general circulation in the county where the property is located.
The notice should contain the time, date and place of sale, a description of the
property and the default, as well as a "warning" to the borrower, informing him
the property is going to be sold and what rights he has to stop the procedure.
The foreclosure sale must be held on the property itself, unless the power of
sale clause specifies a different location.
Special Methods of Foreclosure
Entry under Process - The lender may foreclose by entering the property
under process of law and maintaining actual possession of the property for
one year.
Entry and Publication - By peaceable entry onto the property and continued,
actual, peaceable possession for a period of one year, and by a publishing a
notice stating the time of possession, the lender and borrowers name, the
date of the mortgage and a description of the property in a newspaper of
general circulation in the county where the property is located. The notice
must be published for three (3) successive weeks, with the first publication
appearing at least six (6) months before the borrowers right to redeem has
expired.
Possession and Publication - By the lender in possession of the property
publishing a notice stating that from and after a certain day, the property will
be held for default of the mortgage and the borrowers rights to the property
will be foreclosed. Said notice must be published in a newspaper printed in
the county where the property is located for three (3) successive weeks and
must give the borrower and lenders name, the date of the mortgage, a
description of the property and the lenders intention to hold possession of the
property for at least one (1) year.
Borrowers have no rights of redemption when any of the three (3) special
methods of foreclosure are used.
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