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Foreclosure sale date set in New Hampshire: what you can still do

If a foreclosure sale date is set on your New Hampshire home, the auction can be as little as 45 days away, and almost every option ends when it starts. The most important deadline is the petition to the superior court, which must be filed and served before the sale. First confirm the date, then work down this list with your servicer, legal aid and the court.

Free HUD counselor: (800) 569-4287

Reviewed against New Hampshire law and official sources on October 12, 2026. General information, not legal advice.

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For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

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Options still open before a sale in New Hampshire

  • Confirm the date and who is running the sale

    Now, and again the day before

    Check the date, time and place in your notice of sale and in the newspaper notice, which runs weekly for 3 weeks. Call the lender's agent or attorney named in the notice and your servicer to ask whether the sale is still on.

    RSA 479:25, I, II

  • Call 603 Legal Aid

    Today

    Call (603) 224-3333 and say a foreclosure sale is scheduled and give the date. Legal aid can tell you whether you have grounds to ask a court to stop the sale.

  • File a Complaint to Enjoin Foreclosure Sale

    Filed and served before the sale

    File form NHJB-2834-Se in the superior court for your county and serve the lender or its agent before the sale. Missing this cutoff generally ends any later claim that the foreclosure was invalid. The court may require a bond.

    RSA 479:25, II(c)

  • Reinstate or pay off the loan

    Up to the sale

    Ask the servicer for a written reinstatement amount and a payoff amount. The Banking Department says you can reinstate by paying all past-due payments, costs, fees and penalties up to the sale, and RSA 479:18 lets you redeem by paying the full debt before the foreclosure.

    RSA 479:18

  • Ask the servicer to adjourn the sale

    Before the sale

    Ask in writing and give a reason, such as a complete modification application or a pending sale of the home. 603 Legal Aid says a complete application sent at least 38 days before the sale means the servicer must adjourn it. Get any agreement in writing.

    12 C.F.R. § 1024.41(g)

  • Bankruptcy stay

    Before the sale is held

    Filing a bankruptcy petition automatically stops the sale, but it has serious costs and effects. Talk to legal aid or a licensed bankruptcy attorney before you file.

    11 U.S.C. § 362(a)

Call today, not tomorrow

With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in New Hampshire.

Common questions in New Hampshire

Can a New Hampshire foreclosure sale be stopped on the day of the auction?

Only if something happens before the sale is held, such as a court order, a bankruptcy filing, payment in full or the lender agreeing to postpone. Your petition to the superior court must be filed and served before the sale starts (RSA 479:25). Do not wait for the sale day.

My New Hampshire notice of sale came late. What should I do?

For a home with 1 to 4 units, the notice must be served or mailed at least 45 days before the sale (RSA 479:25, II). Tell 603 Legal Aid right away and raise the problem in a petition to enjoin before the sale. Claims about notice are barred after 1 year and 1 day from recording of the foreclosure deed.

Do I have to leave on the day of my New Hampshire foreclosure auction?

No. 603 Legal Aid says you cannot legally be put out on the sale day and do not have to let the auctioneer or bidders into your home. The new owner must give written notice and go through the court eviction process first (RSA 540:12).

Step by step

More on foreclosure in New Hampshire

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the New Hampshire overview

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Sources for this page

  1. RSA 479:25, Sale Under the Power
  2. RSA 479:26, Return; Effect
  3. RSA 479:27, Mortgagee May Buy
  4. RSA 479:18, Redemption After Condition Broken
  5. RSA 479:22, Decree for Sale
  6. RSA Chapter 479 table of contents, Mortgages of Realty
  7. RSA Chapter 479-B, Foreclosure Consultants and Pre-Foreclosure Conveyances
  8. RSA Chapter 540, Actions Against Tenants (including 540:12 and 540:13 as amended by 2026, 308:1)
  9. RSA 397-A:1, Definitions (dwelling)
  10. RSA 72:38-a, Tax Deferral for Elderly and Disabled
  11. New Hampshire Banking Department: Foreclosure Information & Assistance
  12. New Hampshire Banking Department: Foreclosure Information Guide (brochure)
  13. New Hampshire Banking Department: Consumer Complaints
  14. New Hampshire Housing: Resources for Homeowners
  15. New Hampshire Housing: NH Homeowner Assistance Fund Program to Close March 8
  16. U.S. Department of the Treasury: Homeowner Assistance Fund
  17. 603 Legal Aid: Foreclosure Basics
  18. 603 Legal Aid: A Walk Through Foreclosure Eviction
  19. 603 Legal Aid: Mortgage Scams
  20. New Hampshire Legal Assistance
  21. New Hampshire Department of Justice: Consumer Protection & Antitrust Bureau
  22. New Hampshire Department of Justice: Consumer Protection Hotline
  23. New Hampshire Judicial Branch: Complaint to Enjoin Foreclosure Sale (NHJB-2834-Se)
  24. New Hampshire Supreme Court: Bank of New York Mellon v. Dowgiert (2016)
  25. U.S. District Court for the District of New Hampshire: Hynes v. Bank of New York Mellon, 2019 DNH 187 (restating the Murphy and Bascom duty)
  26. New Hampshire Judicial Branch: Landlord/Tenant, District Division
  27. New Hampshire Bar Association: Lawyer Referral Service