- Who sends it
- The buyer at the foreclosure sale, often the lender, or someone it chooses to hand it to you or leave it at your home
- What it starts
- A waiting period, 30 days according to 603 Legal Aid, before the new owner can file an eviction case
- Do this first
- Write down the date you got it and the date in it, then call 603 Legal Aid at (603) 224-3333
What this notice is in New Hampshire
RSA 540:12 lets the purchaser at a mortgage foreclosure sale recover possession from a mortgagor or other person holding the home without right, "after notice in writing to quit." This notice is that first step.
An eviction notice can be served by any person. It can be handed to you or left at your last and usual place of abode (RSA 540:5, I). 603 Legal Aid says it can be an official court form or even handwritten, but it must be in writing. A verbal order to leave does not count.
603 Legal Aid says an eviction notice after a foreclosure must give a 30-day lead time. RSA 540:3, II sets 30 days' notice for residential tenancies.
For how this kind of document works in every state, see the national guide: Notice to vacate or quit.
What it does and does not mean
- You are not required to leave on the date in the notice. The new owner is not a judge, and it must get a court order before you have to go, 603 Legal Aid says.
- You cannot legally be put out on the day of the foreclosure sale.
- An offer of money to be out within 30 days, often called cash for keys, is not a lawful eviction notice, according to 603 Legal Aid.
- The owner cannot change the locks until a sheriff has served and carried out a writ of possession.
- Title passes to the buyer when the foreclosure deed and affidavit are recorded (RSA 479:26, III). You can check the registry of deeds for your county.
The deadline it sets and how to count it
- Count calendar days from the day the notice was handed to you or left at your home. The date it names should be at least 30 days later, according to 603 Legal Aid.
- When that date passes, the new owner may ask the circuit court for a Landlord and Tenant Writ. Nothing happens to you automatically on that date.
- The next paper you get should be the Landlord and Tenant Writ, served by a sheriff. That one has a hard deadline.
See New Hampshire after the foreclosure sale for the full process.
What to do this week
- Keep the notice and write down how and when you got it.
- Decide what you need: time to move, money to move, or a chance to raise a legal problem with the foreclosure. Note that most challenges to the sale had to be filed before the sale (RSA 479:25, II(c)).
- If the new owner offers cash for keys, get the amount, the move-out date and the condition required in writing before you agree. 603 Legal Aid suggests it only if you already have a new place and are satisfied with the amount.
- Start looking for housing now, even if you plan to ask a judge for more time.
- Call 603 Legal Aid at (603) 224-3333 or 1-800-639-5290.
Free help in New Hampshire and warnings
603 Legal Aid can help you prepare and may refer you to New Hampshire Legal Assistance. 2-1-1 New Hampshire can help you find housing and other help. See the New Hampshire foreclosure help page.
- Do not ignore later papers from the sheriff. The court case moves fast.
- If the new owner shuts off utilities or locks you out without a court order and a sheriff, call 603 Legal Aid right away. 603 Legal Aid says the remedy may be a petition under RSA 540-A.
- If you are a renter, not the former owner, different rules may protect you. See tenant notices after foreclosure.
The rest of the New Hampshire process
See how foreclosure works in New Hampshire, the timeline, ways to stop it and free help in New Hampshire, or read the national guide to this letter.
Common questions
How much notice does a New Hampshire foreclosure buyer have to give me?
603 Legal Aid says an eviction notice after a foreclosure must give 30 days, and RSA 540:3, II sets 30 days for residential tenancies. RSA 540:12 requires the notice to be in writing before the buyer can bring a possessory case.
Do I have to be out by the date in the notice?
No. The notice only lets the new owner go to court. You must leave only when a sheriff carries out a writ of possession issued by the court, 603 Legal Aid says.
Is a cash for keys offer the same as an eviction notice?
No. 603 Legal Aid says an offer to pay you to be out within 30 days does not count as a lawful eviction notice. The owner still needs a written notice and a court case if you do not leave.
Other New Hampshire letters
- Notice of Foreclosure Sale (sale under the power)In New Hampshire, this notice is usually the only formal warning before your lender auctions the home, often on the property itself. For a home with 1 to 4 units it must be served on you or sent by certified or registered mail at least 45 days before the sale. If you want a court to stop the sale, you must file and serve a petition in superior court before the sale happens.
- Landlord and Tenant Writ (eviction summons) after foreclosureThe Landlord and Tenant Writ is the court summons a new owner uses to evict you after a New Hampshire foreclosure. The return day on it is your deadline to file an appearance so you get a hearing. Since October 8, 2026, the notice with the writ also says you must file an answer stating your defenses within 5 days after the return day.
- Writ of PossessionA writ of possession is the court order that lets a sheriff remove you from the home after the eviction case. Since October 8, 2026, after a contested hearing the court mails its notice of judgment within 2 days and issues the writ 7 days after mailing. A judge may delay the move-out for up to 60 days, or 75 in some cases, if you pay weekly.