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How to claim foreclosure surplus funds in New Hampshire

New Hampshire has no statute that says how money left over after a power of sale mortgage foreclosure is paid out or claimed. In practice the lender or the attorney who ran the auction holds the sale money. If your home sold for more than you owed, ask them in writing for an accounting and for any surplus, and keep your address current with them.

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

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How to claim surplus funds in New Hampshire

  1. Who holds the money

    At the foreclosure auction

    The lender (mortgagee) or its attorney collects the sale price at the auction. We found no New Hampshire statute that sets the order of payment or a claim process for surplus after a power of sale, so ask the lender or attorney named in your notice of sale.

  2. Ask for an accounting in writing

    As soon as possible after the sale

    Write to the lender's attorney and ask for the sale price, the payoff on your loan, the fees and costs charged, and any surplus. Keep a copy and send it in a way you can prove, such as certified mail.

  3. Other lienholders may claim first

    After the sale

    A second mortgage, a home equity line, or another lienholder may also claim part of the money. If people disagree about who gets it, the dispute may have to be decided in superior court.

  4. Keep your address current

    Before and after the sale

    Give the lender's attorney a mailing address where you will get mail after you move. If they cannot find you, the money may sit unclaimed.

  5. Unclaimed money and the State Treasury

    After the holding period in the unclaimed property law

    Money owed to you that goes unclaimed can be turned over to the New Hampshire State Treasury's unclaimed property division. Money held by a court or government office is presumed abandoned after 3 years. You can then claim it from the state.

    RSA 471-C:15

  6. Be careful with surplus recovery companies and their fees

    Before you sign anything

    New Hampshire sets no percentage cap on fees for recovering foreclosure surplus. For money already turned over to the state, an agreement to pay someone to recover it is unenforceable if made within 24 months after the transfer, must be in writing with set disclosures, and can be challenged as excessive. Talk to legal aid before you sign over any part of your money.

    RSA 471-C:39

  7. Surplus after a tax deed sale

    If your town took your home by tax deed and sold it, the town must pay the excess through superior court or directly to you. See our New Hampshire property tax foreclosure page.

    RSA 80:88

What New Hampshire law says about leftover sale money

Surplus after a mortgage foreclosure sale

We did not find a New Hampshire statute that sets out who gets money left over after a power of sale foreclosure or how to claim it. If your home sold for more than you owed, write to the lender or the attorney who ran the sale (named in your notice of sale) and ask for an accounting of the sale and any surplus, and keep your mailing address current with them. Other lienholders may also have claims. Be careful with anyone who offers to recover surplus money for a percentage, and talk to 603 Legal Aid first.

Common questions in New Hampshire

Is there a deadline to ask for New Hampshire foreclosure surplus?

We did not find a New Hampshire statute that sets one for surplus after a mortgage foreclosure. Ask as soon as you can, because records get harder to find and money can be turned over to the state. If the money has gone to the State Treasury, you can still claim it there.

What if the lender will not tell me whether there was a surplus?

Put your request in writing and keep proof you sent it. If you get no answer, you can file a complaint with the New Hampshire Banking Department and ask legal aid for help. A lawyer can tell you whether it makes sense to ask the superior court for help.

Should I sign over my New Hampshire surplus to someone who found it?

Be very careful. There is no fee cap for surplus still held by the lender, and you can ask for the money yourself for free. Never sign a deed, assignment or power of attorney before getting advice from legal aid.

Step by step

More on foreclosure in New Hampshire

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What is happening and how much time there is.

Weigh your options

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

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

Also in New Hampshire

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. RSA Chapter 80, Collection of Taxes (full chapter, incl. 80:58 to 80:91)
  2. RSA 76:13, Interest on unpaid taxes
  3. RSA 76:16, Abatement by selectmen or assessors
  4. RSA Chapter 479, Mortgages of Real Estate (full chapter)
  5. RSA Chapter 471-C, Unclaimed and Abandoned Property (full chapter)
  6. New Hampshire Municipal Association: Three-year limitation on duty to pay excess tax deed proceeds is unconstitutional (Polonsky v. Town of Bedford, 2020)
  7. New Hampshire Town and City (July/August 2026): The Importance of Conveying Tax Deeded Properties
  8. RSA 479:25, Sale Under the Power
  9. RSA 479:26, Return; Effect
  10. RSA 479:27, Mortgagee May Buy
  11. RSA 479:18, Redemption After Condition Broken
  12. RSA 479:22, Decree for Sale
  13. RSA Chapter 479 table of contents, Mortgages of Realty
  14. RSA Chapter 479-B, Foreclosure Consultants and Pre-Foreclosure Conveyances
  15. RSA Chapter 540, Actions Against Tenants (including 540:12 and 540:13 as amended by 2026, 308:1)
  16. RSA 397-A:1, Definitions (dwelling)
  17. RSA 72:38-a, Tax Deferral for Elderly and Disabled
  18. New Hampshire Banking Department: Foreclosure Information & Assistance
  19. New Hampshire Banking Department: Foreclosure Information Guide (brochure)
  20. New Hampshire Banking Department: Consumer Complaints
  21. New Hampshire Housing: Resources for Homeowners
  22. New Hampshire Housing: NH Homeowner Assistance Fund Program to Close March 8
  23. U.S. Department of the Treasury: Homeowner Assistance Fund
  24. 603 Legal Aid: Foreclosure Basics
  25. 603 Legal Aid: A Walk Through Foreclosure Eviction
  26. 603 Legal Aid: Mortgage Scams
  27. New Hampshire Legal Assistance
  28. New Hampshire Department of Justice: Consumer Protection & Antitrust Bureau
  29. New Hampshire Department of Justice: Consumer Protection Hotline
  30. New Hampshire Judicial Branch: Complaint to Enjoin Foreclosure Sale (NHJB-2834-Se)
  31. New Hampshire Supreme Court: Bank of New York Mellon v. Dowgiert (2016)
  32. 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)
  33. New Hampshire Judicial Branch: Landlord/Tenant, District Division
  34. New Hampshire Bar Association: Lawyer Referral Service