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New Hampshire is best described as which type of mortgage theory state?

Correct Answer

B) Title theory state that allows both judicial foreclosure and non-judicial foreclosure (power of sale) when the mortgage contains a power of sale clause

New Hampshire is a title theory state, meaning the lender holds legal title to the property through the mortgage deed until the debt is satisfied. NH allows both judicial foreclosure through the courts and non-judicial foreclosure (power of sale) when the mortgage instrument contains a power of sale clause, which is the more common method.

Answer Options
A
Lien theory state, where the borrower retains title and the lender holds only a lien
B
Title theory state that allows both judicial foreclosure and non-judicial foreclosure (power of sale) when the mortgage contains a power of sale clause
C
Deed of trust state, where a neutral trustee holds title on behalf of the lender
D
Intermediate theory state, where title transfers to the lender only upon borrower default

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Related Topics & Key Terms

Related Topics:

RSA 479power of sale foreclosurejudicial foreclosureequity of redemptionmortgage dischargetitle theory vs. lien theory

Key Terms:

title theorypower of saleRSA 479foreclosuremortgage deedjudicial foreclosureequitable title

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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