How are trust deeds or mortgage liens treated in New Hampshire?
New Hampshire primarily operates as atitle theory state where the property title remains in trust until payment in full occurs for the underlying loan. Foreclosure is anon-judicial remedy under this theory. The document that secures the title is usually called a mortgage and reference to deed of trust is not used in New Hampshire. New Hampshire law also permitsmortgages to serve as liens upon real property and forjudicial foreclosures to occur through the courts. Because thepower of sale provisions indeeds of trust is a faster mechanism to effectuate foreclosure, this is the primary vehicle to foreclose.
