New Hampshire at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | New Hampshire allows both. When the mortgage contains a power of sale, the lender can foreclose by giving the required notices and holding a sale without a court case; the same statute chapter also provides for a court decree of sale and for foreclosure by entry and possession for one year (RSA 479:19; RSA 479:22). N.H. Rev. Stat. Ann. §479:25 Show the source textInstead of such suit and decree of sale, the mortgagee or his assignee may, upon breach of the condition, give such notices and do all such acts as are authorized or required by the power |
| Tax sale excess proceeds | New Hampshire municipalities collect delinquent property taxes through a real estate tax lien; the owner can redeem at any time before a deed is given, and after 2 years from the execution of the lien the tax collector deeds unredeemed property to the lienholder. When a municipality later sells tax-deeded property, the statute limits what it may keep to back taxes, interest, costs and penalty. Excess proceeds are paid directly to the former owner only when there was one record owner (or joint owners), no record lienholders, and the owner is easily located; otherwise the municipality pays the excess into the superior court through a bill of interpleader filed within 60 days of closing, and the court decides who receives it. The statute says these duties end 3 years after the tax deed is recorded. N.H. Rev. Stat. Ann. §80:88; §80:89; §80:76; §80:69 Show the source textWithin 60 days of settlement by the purchaser or purchasers of the property sold, the municipality shall file a bill of interpleader with the superior court for the county in which the property is located |
| Redemption after the sale | The statute gives the mortgagor a right to redeem by paying everything owed only "before foreclosure" (RSA 479:18); it provides no redemption period after a power-of-sale foreclosure. After the sale, title passes to the purchaser when the foreclosure deed and affidavit are recorded, which must be done within 60 days after the sale. N.H. Rev. Stat. Ann. §479:26(III); §479:18 Show the source textUpon such recording, title to the premises shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. |
| Rules for recovery companies | New Hampshire's unclaimed property law makes any agreement to pay someone to locate or recover property reported to the state unenforceable if it is made within 24 months after the property was paid or delivered to the state. Any agreement to recover unclaimed property is valid only if it is in writing, signed by the apparent owner, states the nature and value of the property and the value of the owner's share after the fee, and contains a disclosure about the state's abandoned property office that the statute spells out. The statute sets no percentage cap, but the owner may assert at any time that the fee is excessive or unjust. For tax-deed excess proceeds, the statute's definition of former owner excludes anyone to whom a former owner tried to convey or assign an interest or expectancy in the property after the date of the tax deed (RSA 80:90, II). N.H. Rev. Stat. Ann. §471-C:39; §80:90(II) Show the source textAll agreements to pay compensation to locate, deliver, recover, or assist in the recovery of property reported under RSA 471-C:19, made within 24 months after the date payment or delivery is made under RSA 471-C:21, are unenforceable. |
How surplus funds arise in New Hampshire
When a home in New Hampshire is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in New Hampshire
We confirm the sale figures in the public record, identify which office in New Hampshire is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In New Hampshire that program is the New Hampshire State Treasury, Abandoned Property Division.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, New Hampshire law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in New Hampshire
New Hampshire regulates this kind of service. New Hampshire's unclaimed property law makes any agreement to pay someone to locate or recover property reported to the state unenforceable if it is made within 24 months after the property was paid or delivered to the state. Any agreement to recover unclaimed property is valid only if it is in writing, signed by the apparent owner, states the nature and value of the property and the value of the owner's share after the fee, and contains a disclosure about the state's abandoned property office that the statute spells out. The statute sets no percentage cap, but the owner may assert at any time that the fee is excessive or unjust. For tax-deed excess proceeds, the statute's definition of former owner excludes anyone to whom a former owner tried to convey or assign an interest or expectancy in the property after the date of the tax deed (RSA 80:90, II). (N.H. Rev. Stat. Ann. §471-C:39; §80:90(II))
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in New Hampshire
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for New Hampshire, from locating the funds to filing the claim.
It depends on the kind of sale. After a court-supervised sale the court usually holds the money; after a trustee's or tax sale the trustee or the county usually does. Tell us the county and the sale date and a specialist will check.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.