New Hampshire  |  Real Estate Law

This is a complex area of the law. Which bank, first mortgage or second mortgage, sent you the notice? If you owe the money and have not paid or made arrangements for payment, they can foreclose. They can sue you for any deficiency. Generally, if you have your bank account at the same bank that holds your mortgage they often have a "cross collateral" agreement that allows them to freeze or apply the balance in that account to the delinquent mortgage.

You would be well advised to meet with an attorney to review the facts and circumstances in your personal situation. There are a few options available, but your first choice is often to contact the bank, explain your financial situation and see if anything can be worked out to avoid the foreclosure.