State Foreclosure Law

New Hampshire Foreclosure Laws

New Hampshire has BOTH judicial and non-judicial foreclosure tracks. Non-judicial foreclosure by power of sale is available under RSA 479:25 when the mortgage contains a power of sale clause (standard in modern mortgages).

Process
Non-Judicial
Out of court, under a power of sale §
Average Foreclosure Length
157 days
ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §
Homestead Exemption
$400,000
Automatic: no advance filing; the home must have been your primary residence continuously for the previous 12 months, and the owner or a judgment creditor can ask the superior court to have the homestead appraised and set off · the rule §
Deficiency Judgment
Allowed
Allowed §
26 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about New Hampshire foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a New Hampshire-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the New Hampshire foreclosure guide →

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Governing Statutes

Citation Title Covers
RSA 479:25 Power of Sale Foreclosure Primary framework for non-judicial foreclosure in New Hampshire. Authorizes foreclosure by exercise of the power of sale contained in the mortgage. Establishes notice requirements and sale procedures.
RSA 479:18 et seq. Judicial Foreclosure (Action for Possession and Foreclosure) Framework for judicial foreclosure through the courts. Rarely used because the non-judicial power of sale process is faster.
RSA 479:26 Sale Procedures and Title Transfer Governs the conduct of the foreclosure sale, including publication requirements, bidding rules, and the effect of the sale on title.
RSA 480:1 et seq. Homestead Right Protects $400,000 of a single person's interest in a home used as a primary residence for the previous 12 months from most creditors; homestead exemptions claimed together total no more than $550,000. Does not protect against mortgage foreclosure.

New Hampshire Foreclosure Process and Your Rights

New Hampshire uses non-judicial foreclosure. In New Hampshire, foreclosures that finished in the second quarter of 2026 took an average of 157 days from the start of the foreclosure process to completion, according to ATTOM. §

  • After the sale: NO post-sale redemption period in New Hampshire. The right to redeem lasts only until foreclosure (RSA 479:18). After a sale under the mortgage's power of sale, title passes to the purchaser when the foreclosure deed and affidavit are recorded, which the law generally requires within 60 days after the sale (RSA 479:26). In a foreclosure by entry and possession, the right to redeem ends after the lender has held possession for one year (RSA 479:19). Act BEFORE the sale. §
  • Homestead exemption: $400,000. Protects up to $400,000 of your interest in a home you have used as your primary residence for the previous 12 months from most creditors; homestead exemptions claimed together total no more than $550,000 (RSA 480:1). Does NOT stop mortgage foreclosure. §
  • Mediation: New Hampshire does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full New Hampshire foreclosure guide →

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Special Foreclosure Types in New Hampshire

Beyond the standard non-judicial foreclosure process, New Hampshire law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
A New Hampshire condominium association has a lien on each unit for unpaid assessments; it perfects the lien by recording a memorandum within 6 months after the assessment became due, and must sue to enforce it within 6 years after recording (RSA 356-B:46). §
The lien generally ranks behind a first mortgage held by an institutional lender, but for a residential unit up to 6 months of regular monthly assessments, plus collection costs, can take priority over that mortgage if the association sends the owner and lender the required delinquency notice and the lender a notice of intent to file the lien.
Tax Lien Foreclosure
Property tax liens have priority over all other liens, including mortgages (RSA 80:19, 80:59). §
A town or city uses either the tax sale procedure or the real estate tax lien procedure, under which only the municipality, the county or the state can acquire the lien (RSA 80:87).

Lien Priority in New Hampshire

Generally first in time, first in right under New Hampshire recording statutes.

Condominium assessment liens may have limited priority (6 months of common charges) under RSA 356-B:46. Consult a local attorney for specific lien priority questions.

Statute of Limitations in New Hampshire

Mortgage Foreclosure
20 years §
In New Hampshire, an action to recover real estate must be brought within 20 years after the right to recover first accrued (RSA 508:2), and actions of debt on contracts under seal may be brought within 20 years after the cause of action accrued (RSA 508:5). An action on a note secured by a real estate mortgage may be brought for as long as the lender can bring an action on the mortgage (RSA 508:6). Other personal actions, such as those on unsealed written contracts, generally must be brought within 3 years (RSA 508:4). From January 1, 2028, an undischarged mortgage is treated as discharged 5 years after its stated maturity date, or 35 years after recording if no maturity date is stated, unless an extension or an affidavit that it is unpaid is recorded first (RSA 479:28). Consult a local attorney.
Written Contracts
3 years §
Promissory Note
6 years §
An action on a note payable at a definite time must be brought within 6 years after the due date, or after the accelerated due date if the loan was accelerated (RSA 382-A:3-118(a)). For a note secured by a real estate mortgage, RSA 508:6 separately allows an action on the note for as long as the lender can bring an action on the mortgage.
Deficiency Judgment
Varies §
We found no New Hampshire statute that sets a specific deadline for a deficiency claim. A lender can sue on a note secured by a real estate mortgage for as long as it can bring an action on the mortgage (RSA 508:6); for a note payable at a definite time, the Uniform Commercial Code sets 6 years after the due date or the accelerated due date (RSA 382-A:3-118). Consult a local attorney.

Probate & Inheritance in New Hampshire

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. New Hampshire law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Foreclosure must be served on the personal representative or estate of a deceased borrower.
Heir Protections
Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.
Executor Reinstatement Rights
No specific statutory right for executors to reinstate.
Garn-St. Germain Act
Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.
Uniform Partition of Heirs Property Act (UPHPA)
Not adopted in this state.

Consumer Protection & Compliance in New Hampshire

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in New Hampshire.

UDAP Statute
New Hampshire Consumer Protection Act §
Prohibits deceptive and fraudulent business practices.
Foreclosure Rescue Fraud Laws
No specific foreclosure rescue fraud statute.
General consumer protection under RSA 358-A covers deceptive foreclosure rescue practices.
Attorney Advertising Rules
New Hampshire Rules of Professional Conduct govern attorney advertising and solicitation.
Lead Generation Restrictions
No New Hampshire-specific lead generation statute for foreclosure defense identified beyond professional conduct rules and general consumer protection.
Barratry
Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.
New Hampshire professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in New Hampshire

  • ⚖
    New Hampshire Legal Assistance
    Free civil legal services for low-income New Hampshire residents, including housing and foreclosure defense. Income eligibility requirements apply.
    nhla.org →
  • ⚖
    603 Legal Aid
    Free legal information, advice, and referrals for New Hampshire residents. Formerly Legal Advice and Referral Center.
    603legalaid.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in New Hampshire. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in New Hampshire →
  • 📞
    HUD Housing Counseling Hotline
    Free foreclosure prevention counseling.
    1-800-569-4287 →
  • 📞
    New Hampshire Legal Assistance
    Free legal assistance for low-income New Hampshire residents statewide.
    1-800-639-5290 →
  • 📞
    New Hampshire Housing Finance Authority (NHHFA)
    State housing programs and homeownership preservation referrals. The Homeowner Assistance Fund (HAF) is closed to new applications.
    603-310-9300 →
  • 📞
    New Hampshire Attorney General Consumer Protection
    Report mortgage fraud and consumer protection violations.
    603-271-3641 →
  • 📞
    2-1-1 New Hampshire
    Statewide referral service for housing, utility, and social service assistance.
    2-1-1 →
  • 📋
    New Hampshire Bar Association Lawyer Referral Service
    State bar lawyer referral service.
    nhbar.org →
  • 🎓
    New Hampshire Pro Bono Referral Program
    Coordinated through the New Hampshire Bar Association; provides pro bono legal representation for qualifying low-income residents.
    nhbar.org →

Find Help in New Hampshire

We maintain a verified directory of free and low-cost help providers in New Hampshire. All are government-approved or federally funded.

5 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 39 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 45 Debtor education providers Required post-filing debtor education courses

Browse all 90 providers in New Hampshire →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including New Hampshire.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

New Hampshire Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to New Hampshire homeowners:

Foreclosure Filings
National trend
National foreclosure filings. New Hampshire mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in New Hampshire? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in New Hampshire

General information, not legal advice.

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Free help also exists in New Hampshire: the HUD Housing Counseling Hotline at 1-800-569-4287, or a HUD-approved housing counselor at no cost.