New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 479:26 (2026)
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479:26 Return; Effect. –
I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale, and his affidavit setting forth fully and particularly his acts in the premises to be recorded in the registry of deeds in the county where the property is situated; and such affidavit or a duly certified copy of the record thereof shall be evidence on the question whether the power of sale was duly executed. If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay. If such recording is, in accordance with the provisions of this chapter, made more than 60 days after the sale, the reasons therefor shall be set forth fully and particularly in the affidavit.
II. Failure to record said deed and affidavit within 60 days after the sale shall render the sale void and of no effect only as to liens or other encumbrances of record with the register of deeds for said county intervening between the day of the sale and the time of recording of said deed and affidavit.
III. Title to the foreclosed premises shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the premises shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. In the event that the purchaser shall not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void.
I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale, and his affidavit setting forth fully and particularly his acts in the premises to be recorded in the registry of deeds in the county where the property is situated; and such affidavit or a duly certified copy of the record thereof shall be evidence on the question whether the power of sale was duly executed. If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay. If such recording is, in accordance with the provisions of this chapter, made more than 60 days after the sale, the reasons therefor shall be set forth fully and particularly in the affidavit.
II. Failure to record said deed and affidavit within 60 days after the sale shall render the sale void and of no effect only as to liens or other encumbrances of record with the register of deeds for said county intervening between the day of the sale and the time of recording of said deed and affidavit.
III. Title to the foreclosed premises shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the premises shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. In the event that the purchaser shall not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void.
Source. 1899, 19:4. PL 215:24. RL 261:24. RSA 479:26. 1967, 187:2. 1977, 401:2. 1990, 115:16. 1991, 203:4. 1992, 27:1, eff. Jan. 1, 1993.
Notes of Decisions
Cited in 33
cases, 1962–2020 · leading case: Gordon v. Envoy Mortg., Ltd., 569 B.R. 1 (D.N.H. 2017).
Gordon v. Envoy Mortg., Ltd., 569 B.R. 1 (D.N.H. 2017). “” RSA 479:26, III. Finally, the statute addresses (or attempts to address) the situation in which a foreclosure deed is not timely recorded, providing: Failure to record said deed and affidavit within 60 days after the sale shall render the sale void and of no effect only as to…”
Cornell v. Envoy Mortg., Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D.N.H. 2016). “RSA § 479:26, I. The statute further provides that: If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such…”
Carbonneau v. Fed. Nat'l Mortg. Ass'n (In re Carbonneau), 499 B.R. 166 (Bankr. D.N.H. 2013). “The Completion of the Sale Under New Hampshire Law The requirements for the completion of a foreclosure sale are set out in RSA § 479:26: I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale,…”
John B. Deary, Inc. v. Crane, 358 N.E.2d 456 (Mass. App. Ct. 1976). “§ 479:25 (1968) 3 or the failure to include such publication, if in fact made, in the documents recorded at the registry in conformity with N.H. Rev. Stat. Ann. § 479:26 (1968). The defendants’ affidavit did not contradict the averments in the plaintiff’s affidavit that the…”
Calef v. Citibank, N.A., et al., 2013 DNH 023 (D.N.H. 2013). “" N.H. Rev. Stat. Ann. § 479:26 , III. The New Hampshire Supreme Court has held, though, that "this rule does not change the fact that the debtor possessed neither a legal nor an eguitable interest in the property once the auctioneer's hammer fell and the memorandum of sale was…”
New Hampshire Hous. Fin. Auth. v. Pinewood Estates Condo. Ass'n, 169 N.H. 378 (N.H. 2016). “*382 We next address whether, pursuant to RSA 356-B:46, I(a) and RSA 479:26 (2013), NHHFA is obligated to pay condominium assessments that accrued prior to the foreclosure.”
In Re Beeman, 235 B.R. 519 (Bankr. D.N.H. 1999). “Thus, under New Hampshire law, a foreclosure sale will not be complete (i.”
In re Vertullo, 593 B.R. 92 (Bankr. D.N.H. 2018). “The statute further provides that: If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay.”
Butterfield v. Deutsche Bank Ntl Trust, 2017 DNH 054 (D.N.H. 2017). “An affidavit was filed with the foreclosure deed as is required by N.H. Rev. Stat. Ann. § 479:26 . Among other things, the affidavit asserts that: (1) Butterfield failed to make payments required under the mortgage; (2) timely notice of the foreclosure sale was sent by certified…”
Del Norte, Inc. v. Provencher, 703 A.2d 890 (N.H. 1997). “See RSA 479:26, III (1992); cf. L.M. Sullivan Co.”
Barrows v. Boles, 687 A.2d 979 (N.H. 1996). “Even though legal title does not pass until the deed has been recorded, see RSA 479:26, II (1992), “this rule does not change the fact that [the debtor] possessed neither a legal nor an equitable interest in the property once the auctioneer’s hammer fell and the memorandum of…”
Settle v. Keene Sav. Bank, 423 A.2d 986 (N.H. 1980). “The affidavit required by RSA 479:26 (Supp. 1979) was timely filed, but erroneously reported the date of sale to have been April 11, 1979.”
N.H. Rev. Stat. Ann. § 479:26(1): 1 case
Carbonneau v. Fed. Nat'l Mortg. Ass'n (In re Carbonneau), 499 B.R. 166 (Bankr. D.N.H. 2013). “The Completion of the Sale Under New Hampshire Law The requirements for the completion of a foreclosure sale are set out in RSA § 479:26: I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale,…”
N.H. Rev. Stat. Ann. § 479:26(11): 1 case
Carbonneau v. Fed. Nat'l Mortg. Ass'n (In re Carbonneau), 499 B.R. 166 (Bankr. D.N.H. 2013). “The Completion of the Sale Under New Hampshire Law The requirements for the completion of a foreclosure sale are set out in RSA § 479:26: I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale,…”
N.H. Rev. Stat. Ann. § 479:26(111): 1 case
Carbonneau v. Fed. Nat'l Mortg. Ass'n (In re Carbonneau), 499 B.R. 166 (Bankr. D.N.H. 2013). “The Completion of the Sale Under New Hampshire Law The requirements for the completion of a foreclosure sale are set out in RSA § 479:26: I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale,…”
N.H. Rev. Stat. Ann. § 479:26(I): 1 case
Chesley v. PNC Bank, 2015 DNH 129 (D.N.H. 2015).
N.H. Rev. Stat. Ann. § 479:26(II): 1 case
Chesley v. PNC Bank, 2015 DNH 129 (D.N.H. 2015).
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