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New Hampshire Foreclosures For Sale

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NH Foreclosure Laws and state Statutes

 

NH allows for both Judicial and Non-judicial foreclosures

Judicial foreclosure requires the lender to sue the borrower and obtain a court order to foreclose. The court then sets a time period within which the borrower may cure the default. If the borrower fails to pay, the property is ordered to be sold. The court can also order that the property be foreclosed by possession by the lender.
Non-judicial foreclosure is used when a power of sale clause authorizing the lender to sell the property to satisfy the loan balance exists in the loan document. The notice of sale must be mailed to the borrower via certified or registered mail at least 25 days prior to the date of sale, and be published weekly in a newspaper of general circulation for three consecutive weeks beginning at least 21 days prior to the date of sale.

The Security Instruments are Deed of Trust, Mortagage.
The Borrower has no right of redemption,or they cannot rebuy the property at an auction.
Deficiendy Judgements are allowed.
To see the Laws statutes, click the links below.
 
Decree for Sale :479:22

Foreclosure of Power of Sale Mortgage, or Sale Under the Power Section 479:22 Decree for Sale. When a power of sale is contained in a mortgage and a conditional judgment is entered, the demandant may, instead of a writ of possession, have a decree entered that the property be sold pursuant to such power, and thereupon the demandant shall give such notices and do all such acts as are authorized and required by the power or by the court in its decree.
 
Report of sale 479:23

Foreclosure of Power of Sale Mortgage, or Sale Under the Power Section 479:23 479:23 Report of Sale. The party selling shall, within 10 days after the sale, make to the court under oath a report of the sale and of his doings and file the same in the clerk's office, and the same may be confirmed and allowed or set aside and a new sale ordered as to the court seems just.
 
Sale Under the Power Section 479:25

Instead of such suit and decree of sale, the mortgagee or his assignee may, upon breach of the condition, give such notices and do all such acts as are authorized or required by the power, including the giving of a foreclosure deed upon the completion of said foreclosure; but no sale under and by virtue of such power shall be valid and effectual to foreclose such mortgage unless the following conditions are complied with:

  • I. Notice of such sale shall be published once a week for 3 successive weeks in some newspaper of general circulation within the town or county in which the property is situated. In the event that the mortgaged premises are situated in more than one county, publication in a newspaper of statewide circulation shall be sufficient. The first publication shall be not less than 20 days before the date of sale, calculated by excluding the date of publication of the first notice and the date of sale.
  • II. A copy of said notice shall be served upon the mortgagor or sent by registered or certified mail to his last known address or to such person as may be agreed upon in the mortgage at least 25 days before the sale. The term ""mortgagor'' shall include the mortgagor and any grantee, assignee, devisee or heir of the mortgagor holding a recorded interest in the mortgaged premises subordinate to the lien of the mortgage, provided that such interest is recorded, at least 30 days before the date of the sale, in the registry of deeds for the county in which the mortgaged premises are situated. Like notice shall be sent to any person having a lien of record on the mortgaged premises, provided that the lien is recorded at least 30 days before the date of the sale in the registry of deeds. The notice shall be sent not less than 21 days before the sale. Such notice of sale shall be sufficient if it fully sets forth the date, time, and place of sale; the town, county, street or highway and street number, if any, of the mortgaged premises; the date of the mortgage; the volume and page of the recording of the mortgage; and the terms of the sale. Any mortgagor or record lienholder who refuses to accept or claim mailed or served notice or who frustrates attempts by the mortgagee to give notice of the sale by failing to give or leave a forwarding address or by other act or omission shall be deemed to be notified of the sale, provided that such mortgagee shall have made a good faith effort to provide such notice. Notice of the sale as served on or mailed to the mortgagor shall include the following language: ""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.'' Failure to institute such petition and complete service upon the foreclosing party, or his agent, conducting the sale prior to sale shall thereafter bar any action or right of action of the mortgagor based on the validity of the foreclosure.
  • II-a. No claim challenging the form of notice, manner of giving notice, or the conduct of the foreclosure sale shall be brought by the mortgagor or any record lienholder after one year and one day from the date of the recording of the foreclosure deed for such sale.
  • III. The sale shall be held upon the premises except where a different place of sale is agreed upon in the mortgage. In the event that the mortgage shall contain more than one parcel of land, the sale may be held on either parcel as may be specified in the notice of sale.
  • IV. No foreclosure sale shall be invalid or ineffectual to foreclose a mortgage pursuant to this section if any party entitled to be sent notice and not sent such notice shall, either before or after such foreclosure sale, waive its right to have been sent such notice, or if the lien or interest of such party in the mortgaged premises shall at any time be released or discharged. A waiver of notice authorized or validated under this section shall be recorded in the registry of deeds in the county where the property is situated.
  •  
    479:26 Return; Effect.
  • I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale, and his affidavit setting forth fully and particularly his acts in the premises to be recorded in the registry of deeds in the county where the property is situated; and such affidavit or a duly certified copy of the record thereof shall be evidence on the question whether the power of sale was duly executed. If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay. If such recording is, in accordance with the provisions of this chapter, made more than 60 days after the sale, the reasons therefor shall be set forth fully and particularly in the affidavit.
  • II. Failure to record said deed and affidavit within 60 days after the sale shall render the sale void and of no effect only as to liens or other encumbrances of record with the register of deeds for said county intervening between the day of the sale and the time of recording of said deed and affidavit.
  • III. Title to the foreclosed premises shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the premises shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. In the event that the purchaser shall not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void.
  •  
     479:27 Mortgagee May Buy.
    A mortgagee selling under a power contained in a mortgage may be a purchaser at the sale, unless the mortgage contains a provision to the contrary.
     
    NH State Statutes change often we reccomend you seach them on the state of NH website.

    Copyright 06/28/17 NH Foreclosures For Sale
    Not all listings presented in this site are foreclosures. Some may be listings from Sellers who are motivated to sell quickly or sell the property "as is". These listings are easier to purchase than a foreclosure and may be as good or better deal than a foreclosure.
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