Foreclosure & Alternatives Law

How Can a Lender Foreclose on a Property in New Hampshire?

New Hampshire law allows for both judicial and non judicial foreclosures depending on the terms of the mortgage agreement. If the mortgage agreement contains a power of sale clause then the lender can begin the foreclosure process without judicial involvement once the borrower is in default. All applicable notice and sale requirements must be followed.
However, if a power of sale clause is not included in the mortgage document then the lender must sue the borrower in state court. The court can decide that a foreclosure should not take place, that a foreclosure sale should take place or that the property should be deemed sold to the lender who can take possession of the property.