- Who sends it
- Your lender (the mortgagee) or the lawyer or agent running the sale, by hand or by registered or certified mail
- What it starts
- At least 45 days until the auction, and your only window to ask the superior court to stop it
- Do this first
- Write down the sale date, then call 603 Legal Aid at (603) 224-3333 and the Banking Department hotline at (800) 437-5991
What this notice is in New Hampshire
Most New Hampshire mortgages include a power of sale, so the lender can sell your home at public auction without first suing you. RSA 479:25 sets the conditions. Without them, the sale is not valid.
A copy of the notice must be served on you, or sent by registered or certified mail to your last known address, at least 45 days before the sale if it is a residential mortgage (a mortgage on a dwelling of 1 to 4 units). For other mortgages the minimum is 25 days. The notice must give the date, time and place of the sale, the property address, the date and recording book and page of the mortgage, and the terms of sale (RSA 479:25, II(a)).
If you live in the home and it has 4 or fewer units, the notice must also list the lender's address and its agent for service of legal papers, and this sentence: "For information on getting help with housing and foreclosure issues, please call the foreclosure information hotline" with the New Hampshire Banking Department's toll-free number (RSA 479:25, II(b)). The state file lists that number as (800) 437-5991.
Every notice must also say: "You are hereby notified that you have a right to petition the superior court for the county in which the mortgaged premises are situated, with service upon the mortgagee, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale" (RSA 479:25, II(c)).
For how this kind of document works in every state, see the national guide: Notice of trustee's sale.
What it does and does not mean
- It is not a court case and not an eviction. You do not have to move out on the sale day, and you do not have to let the auctioneer onto the property or into your home, 603 Legal Aid says.
- The sale is held on the property unless your mortgage names another place (RSA 479:25, III). The lender may bid and buy the home itself.
- If you do not file and serve a petition to stop the sale before it happens, you generally lose any later claim that the foreclosure was invalid (RSA 479:25, II(c)).
- Even claims about the form of the notice, how it was given or how the sale was run are cut off 1 year and 1 day after the foreclosure deed is recorded (RSA 479:25, II-a).
- Refusing to sign for the certified letter does not help. The law treats you as notified if you refuse or avoid the notice and the lender made a good faith effort (RSA 479:25, II(a)).
The deadlines it starts and how to count them
- 45 days: count calendar days from the day the notice was served on you or sent by certified or registered mail, not the day you picked it up. The sale date must be at least 45 days after that.
- Newspaper notice: the same notice must run once a week for 3 weeks in a row in a newspaper that circulates in your town or county. The first ad must be at least 20 days before the sale, not counting the day of the first ad or the sale day (RSA 479:25, I).
- Court petition: it must be filed in the superior court for your county and served on the lender, or the agent running the sale, before the sale.
- Loss mitigation: if your servicer receives a complete application more than 37 days before the sale, federal rules generally bar the sale while it is reviewed (12 C.F.R. § 1024.41(g)). 603 Legal Aid tells homeowners to get it in at least 38 days before.
- After the sale, the deed and an affidavit must be recorded within 60 days (RSA 479:26, I). Title passes to the buyer only when they are recorded.
See how long foreclosure takes in New Hampshire for the full timeline.
What to do this week
- Write down the date on the certified mail receipt and the sale date. Check that they are at least 45 days apart.
- Call 603 Legal Aid at (603) 224-3333 and ask for the Foreclosure Relief Project, which offers a free phone appointment with an attorney. Ask whether you have grounds to file a Complaint to Enjoin Foreclosure Sale (court form NHJB-2834-Se).
- Ask your servicer in writing for a reinstatement figure and a payoff figure good through the sale date. The Banking Department and 603 Legal Aid say you can reinstate up to the sale by paying all past due payments plus costs, fees, late charges and penalties.
- Send a complete loss mitigation application now if you have not been fully reviewed.
- Ask the lender or servicer in writing to postpone the sale, with a reason such as a pending modification or a pending sale of the home. Get any yes in writing.
- Read what to do when a New Hampshire sale date is set.
Free help in New Hampshire and scam warnings
We did not find a statewide foreclosure mediation program in New Hampshire, so free help comes from counselors and legal aid. The Banking Department's hotline at (800) 437-5991 gives information and referrals at no charge. 603 Legal Aid may refer you on to New Hampshire Legal Assistance. If you do not qualify, the New Hampshire Bar Association Lawyer Referral Service at 603-229-0002 can connect you with a private lawyer. See the New Hampshire foreclosure help page.
- The newspaper notice is public, and scammers read it. Be wary of anyone who contacts you after it runs.
- A New Hampshire foreclosure consultant cannot collect any fee until every promised service is fully done, and you can cancel the contract at any time (RSA 479-B:4, 479-B:5).
- If someone wants to take title to your home to stop the foreclosure, you must get a notice of loss of ownership at least 72 hours before signing, and you can cancel until midnight of the fifth business day. Report scams to the Department of Justice Consumer Protection Hotline at 1-888-468-4454.
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 do I get before a New Hampshire foreclosure sale?
For a mortgage on a home with 1 to 4 units, at least 45 days from when the notice is served on you or sent by registered or certified mail (RSA 479:25, II(a)). The sale must also be advertised in a newspaper for 3 weeks, starting at least 20 days before the sale.
What happens if I wait until after the sale to challenge it?
RSA 479:25, II(c) says failing to file a petition and complete service on the lender before the sale bars later claims based on the validity of the foreclosure. Claims about the notice or how the sale was run are also barred 1 year and 1 day after the deed is recorded (RSA 479:25, II-a).
Where will the New Hampshire auction be held?
On the property itself unless your mortgage names a different place (RSA 479:25, III). The notice must give the date, time and place.
Can I still catch up after I get this notice?
The Banking Department and 603 Legal Aid say you can reinstate up to the sale by paying all past due amounts plus costs, fees and penalties. State law also lets you redeem by paying everything the mortgage secures before the foreclosure (RSA 479:18). Ask for the exact figures in writing.
Other New Hampshire letters
- Eviction Notice (Notice to Quit) after a foreclosure saleAfter a New Hampshire foreclosure sale, the buyer cannot simply change the locks. It must give you a written notice to quit and then win a court case. 603 Legal Aid says an eviction notice after a foreclosure must give you 30 days. The date in the notice is not the day you must leave; it only lets the new owner go to court.
- 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.