EstatePass
FinancingForeclosure_processMEDIUM

Margaret is a licensee in New Hampshire advising a buyer whose lender has begun foreclosure proceedings on a residential property in Manchester. Which of the following statements about New Hampshire foreclosure law is NOT accurate?

Correct Answer

D) New Hampshire exclusively uses non-judicial foreclosure and does not permit lenders to pursue judicial foreclosure under any circumstances.

Option C is NOT accurate. New Hampshire allows both judicial and non-judicial (power of sale) foreclosure. While non-judicial foreclosure is the more common method used by lenders in NH, judicial foreclosure remains available as an alternative. Stating that NH 'exclusively' uses non-judicial foreclosure and that judicial foreclosure is never permitted is factually incorrect and reflects a common exam trap.

Answer Options
A
New Hampshire permits non-judicial (power of sale) foreclosure, which is the more commonly used method in the state.
B
New Hampshire also permits judicial foreclosure as an alternative process available to lenders.
C
The mortgage, rather than a deed of trust, is the primary security instrument used in New Hampshire real estate transactions.
D
New Hampshire exclusively uses non-judicial foreclosure and does not permit lenders to pursue judicial foreclosure under any circumstances.

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Related Topics & Key Terms

Key Terms:

foreclosurenon_judicial_foreclosurejudicial_foreclosuremortgagesecurity_instrumentnh_specific

Related Concepts

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

Closing costs are the fees and expenses paid by the buyer and seller at the closing of a real estate transaction, beyond the purchase price. They typically range from 2-5% of the purchase price.

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