A New Hampshire deed of trust is a form that legally conveys ownership in real estate to a trustee in order to secure a loan issued by a lender to a borrower. The borrower, often referred to as the “grantor” or “trustor,” is the party who owns the property and transfers title to the trustee as a condition of financing. The trustee acts as an independent third party responsible for retaining the title while the borrower pays off the loan.
If the borrower stops making payments, the lender can take action to take over the real estate and sell it at a foreclosure auction. It should be noted that both mortgages and deeds of trust are used in New Hampshire, and either document may grant power of sale rights to the lender (the ability to foreclose property without a judicial hearing).
- Statutes: §§ 479.22 to 479.27-a
- Formatting (§ 478:4 & § 478:4-a): The Register of Deeds office establishes formatting standards on a county-by-county basis.
- Signing Requirements (§ 477:3): Notary Public
- Where to Record (§ 477:3-a): Register of Deeds
- Recording Fees (§ 478:17-g): $10 for the first page + $4 for each additional page
Related Forms (1)
New Hampshire Promissory Note – Establishes the terms of a debt repayment arrangement between a borrower and a loan provider.