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New Hampshire Bill Would Bring Courts Into Foreclosure Process

The New Hampshire House of Representatives approved a bill to require court proceedings before a home can be foreclosed. The Granite State is one of just a few that permit the mortgage holder to commence foreclosure without court intervention.

A New Hampshire Business Review article said it took eight tries for the bill to advance to the state senate, where the proposed legislation has died in the past. Opponents say involving the courts would increase the cost of mortgages.

Currently, New Hampshire is one of a handful of states that allow mortgage foreclosure merely by notifying the homeowner, though the borrower could challenge the action in court. HB 270 “changes that burden of proof from the homeowner to the bank,” said Rep. David Woodbury, D-New Boston, and prevents a homeowner from being blindsided. “If your landlord has to go through the court process to evict you, so should your bank,” added Kermit Williams, D- Wilton.

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