New Hampshire · Weigh your options
Property tax foreclosure in New Hampshire
In New Hampshire towns that use the tax lien process, unpaid property taxes turn into a lien on your home, and you then have 2 years to pay it off with 14 percent interest. If you do not, the tax collector gives a tax deed, usually to the town, after at least 30 days' notice. If the town later sells the home, it may keep only the back taxes, interest, costs and a set penalty, and the rest belongs to you as the former owner.
Reviewed against New Hampshire law and official sources on October 12, 2026. General information, not legal advice.
The property tax process in New Hampshire, step by step
Taxes go unpaid and interest starts
After December 1, or 30 days after a late bill is mailedInterest of 8 percent a year is charged on taxes not paid by December 1 after they are assessed, or 30 days after the bill was mailed if it was sent between November 2 and April 1. If you cannot pay because of poverty or another good reason, you can ask your selectmen or assessors in writing for an abatement; the written application is due by March 1 after the notice of tax.
RSA 76:13; RSA 76:16
Notice of the impending tax lien
At least 30 days before the lienThe tax collector must send you a notice by certified or registered mail at least 30 days before executing the lien. It gives the amount of tax, interest and costs and the last date and time a payment will be accepted. Paying in full by that date stops the lien.
RSA 80:59; RSA 80:60
The tax lien is executed
The day after the last payment date in the noticeThe lien goes to the town (or county or state) and has priority over all other liens, including your mortgage. If voters have authorized it, the town can transfer the lien to a private buyer by public auction or sealed bid.
RSA 80:61; RSA 80:80, II-a
Redeem within 2 years
Any time before the tax deed is givenYou or anyone with a legal interest can redeem by paying the tax collector the lien amount plus 14 percent interest a year from the lien date, plus costs. You can make partial payments; if the deed is issued anyway, partial payments must be refunded.
RSA 80:69; RSA 80:71
Notice of the tax deed and the deed
At least 30 days before the deed, 2 years after the lienThe collector must notify you, and each mortgage holder, by certified mail at least 30 days before deeding the property. After 2 years the collector deeds unredeemed property to the lienholder. If the town refuses the deed, your right to redeem continues, with interest still running.
RSA 80:76; RSA 80:77; RSA 80:77-a
Your right to buy the home back from the town
Within 30 days after the town's notice, which must come at least 90 days before it offers the property for saleBefore selling a tax-deeded home, the town must mail you notice of your right to repurchase. You must send a certified letter of intent within 30 days and pay all back taxes, interest, costs and penalty within 30 days of that letter. If the home was your principal residence, the extra penalty of 10 percent of assessed value does not apply.
RSA 80:89; RSA 80:90
Your share of the sale money
The town must act within 60 days after a sale closesIf the town sells, it may keep only back taxes, interest, costs and the statutory penalty. It must file an interpleader case in superior court naming you and recorded lienholders and pay the rest to the court, or pay you directly if you were the only owner and there were no liens. The statute's 3-year cutoff was struck down by the New Hampshire Supreme Court in Polonsky v. Town of Bedford (2020), a result in line with Tyler v. Hennepin County (2023).
RSA 80:88; RSA 80:90; Polonsky v. Town of Bedford (N.H. 2020)
Common questions in New Hampshire
Can a New Hampshire town keep my equity if it sells my tax-deeded home?
No. RSA 80:88 limits the town to back taxes, interest, costs and penalty, and the excess goes to the former owner and lienholders through superior court. The statute still says the town's duty ends after 3 years, but the New Hampshire Supreme Court held in 2020 that this cutoff is unconstitutional. If your town has held your old home for years, ask in writing what it plans to do and contact legal aid.
Can a New Hampshire town sell my tax lien to a private buyer?
Yes, if town meeting or the city council has authorized it, by public auction or advertised sealed bids. The buyer then holds the lien and can get the tax deed after the 2-year redemption period. You still redeem by paying the tax collector.
What if my town keeps my tax-deeded home instead of selling it?
A town may vote to keep tax-deeded property for public use. The law on paying a former owner in that case is not spelled out in the statute, and New Hampshire's municipal association advises towns that keeping it without paying the former owner's equity risks an unconstitutional taking. Ask the town in writing and get legal help.
Can I put off property taxes in New Hampshire if I am older or disabled?
Yes, if you qualify. If you are 65 or older or get Social Security disability benefits, your town's assessing officials can defer part or all of your property taxes, with 5 percent interest, and your mortgage holder must approve. Apply to your town by March 1.
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.
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Who to call, and what to do when a sale is scheduled.
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Sources for this page
- RSA Chapter 80, Collection of Taxes (full chapter, incl. 80:58 to 80:91)
- RSA 76:13, Interest on unpaid taxes
- RSA 76:16, Abatement by selectmen or assessors
- RSA Chapter 479, Mortgages of Real Estate (full chapter)
- RSA Chapter 471-C, Unclaimed and Abandoned Property (full chapter)
- New Hampshire Municipal Association: Three-year limitation on duty to pay excess tax deed proceeds is unconstitutional (Polonsky v. Town of Bedford, 2020)
- New Hampshire Town and City (July/August 2026): The Importance of Conveying Tax Deeded Properties
- RSA 479:25, Sale Under the Power
- RSA 479:26, Return; Effect
- RSA 479:27, Mortgagee May Buy
- RSA 479:18, Redemption After Condition Broken
- RSA 479:22, Decree for Sale
- RSA Chapter 479 table of contents, Mortgages of Realty
- RSA Chapter 479-B, Foreclosure Consultants and Pre-Foreclosure Conveyances
- RSA Chapter 540, Actions Against Tenants (including 540:12 and 540:13 as amended by 2026, 308:1)
- RSA 397-A:1, Definitions (dwelling)
- RSA 72:38-a, Tax Deferral for Elderly and Disabled
- New Hampshire Banking Department: Foreclosure Information & Assistance
- New Hampshire Banking Department: Foreclosure Information Guide (brochure)
- New Hampshire Banking Department: Consumer Complaints
- New Hampshire Housing: Resources for Homeowners
- New Hampshire Housing: NH Homeowner Assistance Fund Program to Close March 8
- U.S. Department of the Treasury: Homeowner Assistance Fund
- 603 Legal Aid: Foreclosure Basics
- 603 Legal Aid: A Walk Through Foreclosure Eviction
- 603 Legal Aid: Mortgage Scams
- New Hampshire Legal Assistance
- New Hampshire Department of Justice: Consumer Protection & Antitrust Bureau
- New Hampshire Department of Justice: Consumer Protection Hotline
- New Hampshire Judicial Branch: Complaint to Enjoin Foreclosure Sale (NHJB-2834-Se)
- New Hampshire Supreme Court: Bank of New York Mellon v. Dowgiert (2016)
- 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)
- New Hampshire Judicial Branch: Landlord/Tenant, District Division
- New Hampshire Bar Association: Lawyer Referral Service