Legal Question in Real Estate Law in New Hampshire

Re: Homestead Act

It is automatic

RSA 480:4 Exemption.

The homestead right is exempt from attachment during its continuance from levy or sale on execution, and from liability to be encumbered or taken for the payment of debts, except in the following cases:

I. In the collection of taxes;

II. In the enforcement of liens of mechanics and others for debts created in the construction, repair or improvement of the homestead;

III. In the enforcement of mortgages which are made a charge thereon according to law;

IV. In the levy of executions as provided in this chapter.

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The current exemption is $100,000. However, if you are trying to avoid a foreclosure, you may have waived the homestead right in the mortgage or promissory note.

You should confer with an attorney as to the specific issues in your matter.