Q: If I am at risk of being foreclosed on, will I go to court?
A: New Hampshire has a "statutory power of sale" that most mortgagees utilize when foreclosing. This is non-judicial process which does not require the mortgagee to go to court for an order or judgment like most states have. However, there is a process whereby the party being foreclosed upon can go to court to seek a restraining order or injunction against the mortgagee to stop or delay the foreclosure but this is a choice the debtor makes if he or she has grounds to request such relief. And, of course, if the creditor is not paid in full by the sale of the property, the creditor has a right to sue in court to recover the "deficiency" which may involve the debtor going to court to respond/defend such a lawsuit.
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