New Hampshire Judgment Foreclosing Mortgage and Ordering Sale

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A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

Under Massachusetts Law, a homeowner is given 150 days to bring the loan current, however if the borrower fails to respond to the foreclosing entity, this time frame can be reduced to 90 days.

Notice of the Foreclosure The lender has to personally serve or mail the notice of sale at least 45 days before the sale. It must also publish the notice in a newspaper once a week for three weeks, with the first publication not less than 20 days before the sale. (N.H. Rev.

Ways to Stop Foreclosure in New Hampshire Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.

Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.

Because of this "power of sale" clause allowed in New Hampshire home mortgages, New Hampshire is called a "non-judicial" foreclosure state.

New Hampshire New Hampshire saw 74 of its 636,480 homes go into foreclosure, making for a foreclosure rate of one in every 8,601 households. The counties with the most foreclosures per housing unit were (from highest to lowest): Coos, Belknap, Sullivan, Merrimack, and Strafford.

Ways to Stop Foreclosure in New Hampshire Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.

New Hampshire law doesn't give the borrower the right to redeem after a nonjudicial foreclosure. You can, however, redeem the home before the sale by paying off the full amount of the loan (not just the overdue amounts), which will stop the foreclosure.

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New Hampshire Judgment Foreclosing Mortgage and Ordering Sale