How foreclosure works in New Hampshire

The notices you will receive in New Hampshire, in order

1. Acceleration letter

   From your servicer or lender, after you fall behind

   The Banking Department says this letter tells you to pay the past-due amount by a deadline or the whole loan balance will come due. Call your servicer and a free HUD-approved housing counselor as soon as it arrives, and keep every letter.

2. Notice of foreclosure sale

   Served on you or sent by registered or certified mail at least 45 days before the sale

   It gives the date, time and place of the sale, the property address, the date and recording details of your mortgage, and the terms of sale. Write the sale date down and act right away, because this is usually the only formal notice before the auction.

   RSA 479:25, II(a)

3. Statement of your right to go to court

   Printed in the notice of sale

   The notice must say you have a right to petition the superior court for your county to enjoin the scheduled sale, with service on the lender and any bond the court requires. If you do not file and serve that petition before the sale, you generally lose any later claim that the foreclosure was invalid.

   RSA 479:25, II(c)

4. Foreclosure hotline and agent information

   Printed in the notice of sale for an owner-occupied home with 1 to 4 units

   The notice must list the lender's address and agent for service of legal papers, and the Banking Department's free foreclosure hotline, (800) 437-5991. You need the agent's name and address if you file a petition to stop the sale.

   RSA 479:25, II(b)

5. Newspaper notice of sale

   Once a week for 3 weeks in a row; first run at least 20 days before the sale

   The same notice is published in a newspaper that circulates in your town or county. Scam artists read these notices, so be wary of anyone who contacts you after it runs.

   RSA 479:25, I

6. Foreclosure deed and affidavit

   Recorded at the county registry of deeds within 60 days after the sale

   This is when title passes to the buyer. You can look it up at the registry of deeds for your county. Recording does not by itself make you leave.

   RSA 479:26

7. Eviction notice, then a landlord and tenant writ

   From the new owner after the sale; the sheriff serves the writ

   The new owner must first give you a written notice to quit, then file a possessory case and have the sheriff serve you with a writ that has a return day. File an appearance form with the court by that return day or you can lose by default.

   RSA 540:12, 540:13

The legal steps in New Hampshire

1. Missed payments and an acceleration letter

   Under a federal rule, most servicers cannot start foreclosure until you are more than 120 days behind. The New Hampshire Banking Department says you will usually get an acceleration letter telling you to pay the past-due amount by a deadline. This is the best time to call your servicer and a free HUD-approved housing counselor.

   12 C.F.R. § 1024.41(f)

2. Notice of foreclosure sale is mailed or served

   For a mortgage on a home with 1 to 4 units, the lender must serve the notice on you, or send it by registered or certified mail to your last known address, at least 45 days before the sale. It must give the date, time and place of the sale, the state foreclosure hotline statement, and the required statement that you can ask the superior court to stop the sale.

   RSA 479:25, II

3. Notice is published in the newspaper

   The notice of sale must run once a week for 3 weeks in a row in a newspaper that circulates in your town or county. The first notice must appear at least 20 days before the sale.

   RSA 479:25, I

4. Last chances before the sale

   Before the auction you can petition the superior court in your county to enjoin (stop) the sale, and you must also serve the lender before the sale. The Banking Department says you can reinstate by paying all past-due payments plus costs, fees and penalties up to the sale. Ask legal aid right away, because claims you do not bring before the sale are usually lost.

   RSA 479:25, II(c); RSA 479:18

5. Foreclosure auction

   The sale is held on the property unless your mortgage names another place. The lender may bid and buy the home itself. You do not have to move out on the sale day, and you do not have to let anyone into your home.

   RSA 479:25, III; RSA 479:27

6. Foreclosure deed is recorded

   The person who ran the sale must record the foreclosure deed, a copy of the notice and a sworn affidavit at the county registry of deeds within 60 days after the sale. Title passes to the buyer when the deed is recorded. There is no right to buy the home back after the sale.

   RSA 479:26

7. Eviction through the court

   The new owner must give you a written notice to quit and then file a possessory (eviction) case in the circuit court. Only a sheriff with a writ of possession from the court can remove you. 603 Legal Aid says this often takes about 45 to 60 days after the foreclosure at the earliest.

   RSA 540:12, 540:13

Common questions in New Hampshire