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New Hampshire law

Real Estate Laws in New Hampshire.

New Hampshire real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. New Hampshire is a title-theory state using mortgage deeds with power-of-sale provisions — nonjudicial foreclosure is the dominant method. Foreclosure requires 30-day notice of default, and sales typically occur 4+ weeks after the notice of sale is published. New Hampshire offers modest homestead protection ($120,000). New Hampshire has no state income tax but imposes a Real Estate Transfer Tax on transfers (1.5% total, typically split). Property taxes are among the highest in the nation by effective rate.

Last verified: 2026-04-17

State law

Key New Hampshire Statutes

Nonjudicial Foreclosure (Power of Sale)RSA Chapter 479

Permits nonjudicial foreclosure where the mortgage deed contains a power-of-sale clause. Requires Notice of Sale with 4-week publication, 30-day notice to the mortgagor, and sale at the property or courthouse.

Post-Sale Redemption — NoneRSA Chapter 479

New Hampshire does not provide a statutory post-sale redemption period after a power-of-sale foreclosure. The borrower must cure before the sale.

Real Estate Transfer TaxRSA Chapter 78-B

1.5% total transfer tax (0.75% paid by each party) on the full consideration. Minimum tax is $20 each. Imposed on deeds and most other real-estate transfers.

Homestead RightRSA 480:1

Homestead protects up to $120,000 of equity in the debtor's primary residence. Spouses may jointly claim the homestead.

Mechanics' LiensRSA Chapter 447

Contractors, subcontractors, laborers, and suppliers may perfect mechanics' liens against improved real property. Perfection requires ad damnum petition (suit), typically within 120 days of last furnishing.

Recording Priority (Race-Notice)RSA 477:3-a

New Hampshire is a race-notice state: a subsequent bona fide purchaser for value without notice who records first prevails over an earlier unrecorded conveyance.

High Effective Property Tax RateRSA Chapter 76 (administration)

Property taxes are administered locally but are among the highest in the nation by effective rate (1.77%+ on average). New Hampshire relies heavily on property tax revenue given the absence of state income or sales tax.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.

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