Short answer
New Hampshire allows foreclosure under a power of sale in the mortgage, without a court case. For a home loan, the lender must send you notice of the sale at least 45 days ahead by certified or registered mail, or serve it on you, and publish it in a local paper for 3 weeks. The notice must tell you that you can petition the superior court to stop the sale. Act right away; you still have options.
Can a servicer start foreclosure right after I miss a payment?
Generally no. Federal servicing rules generally don't let a servicer make the first foreclosure filing until you're more than 120 days behind, and a complete application for help can pause the process. See options if you can't pay your mortgage.
What must the notice say?
- The date, time and place of the sale, the property address, the mortgage date and its recording reference, and the sale terms.
- For an owner-occupied home with 4 or fewer units, the lender's address and agent for legal papers, and the NH Banking Department's free foreclosure information hotline.
- A statement that you have a right to petition the superior court to stop the sale.
Why does the court petition matter?
RSA 479:25 says that if you don't file a petition and serve the lender before the sale, you generally lose the right to challenge the foreclosure's validity later. Other challenges to the notice or the sale must be brought within one year and one day after the foreclosure deed is recorded. Talk with an attorney quickly if you think something is wrong.
Where can I get help today?
- Call your servicer and ask about every option, including a repayment plan, modification, forbearance or a short sale.
- Call the NH Banking Department's foreclosure hotline listed on your notice.
- Talk with a HUD-approved housing counselor; many offer free help.
- Ask an attorney about your rights.
Tom can also talk through whether a refinance or sale makes sense, without pressure.
Sources
- NH RSA 479:25, Power of sale: notice requirements
- Regulation X, 12 CFR 1024.41, Loss mitigation procedures
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.