Evicting Previous Owner New Hampshire

[Jonathan Ramos]

Hey BP,

I am considering buying a home at auction. The home is currently occupied by the previous owner or a tenant not really sure. 

I was wondering what the process is like to evict the current tenant/owner if I was to purchase the house. Do any of you have experience with this in the state of NH?

Thanks

Jon

[Sarah McCoy]

Here’s some info: 

“Homeowners do not have a statute that provides them with specific protections like those found in RSA 540-A. Instead, New Hampshire allows non-judicial foreclosure under RSA 479:25. Pursuant to the statute, the mortgage holder need only give the homeowner 25 days’ notice of the auction. The notice informs the homeowner that she has the right to petition the court for an injunction to stop the foreclosure, but does not inform her that she will lose the right to go to court for legitimate claims, if she does not request an injunction before the auction.

An injunction is considered an extraordinary remedy. To win, the homeowner must prepare a winning case in just days, and without discovery. If the homeowner demonstrates to the court that she is entitled to an injunction, it is likely that she will need to post a bond. The amount of the bond is set by the judge at the injunction hearing and must be paid to stop the foreclosure.

If the lender holds the auction, that lender is not required to send notice to the homeowner that the auction was completed, or that the property was sold. The statute also does not contain a requirement that the homeowner be given notice if the auction is later voided because the buyer fails to pay the purchase price. Also, if the lender is holding escrow monies at the time of foreclosure, there is no statutory obligation to provide an account for how the money was applied.

After the foreclosure, the homeowner is entitled to an eviction notice. At the eviction hearing, the purchaser will provide evidence of property ownership. If the mortgagee purchased the property at the auction, the homeowner will not be allowed to raise any defenses based on unlawful conduct of the mortgagee prior to the auction. The homeowner lost this right by failing to request an injunction prior to the foreclosure.

The homeowner will not be protected by RSA 540-A because this statute does not protect tenants in foreclosed properties, unless the former homeowner established a landlord/tenant relationship with the purchaser after the sale. “

Hope that helps. :)