The New Hampshire Real Estate Closing Process — Step by Step

If you’re buying or selling a home in New Hampshire, understanding the closing process helps you move with confidence. New Hampshire is an attorney closing state, which means a licensed attorney — not a title company alone — must conduct your closing, examine title, and issue title insurance. Here’s exactly what happens from accepted offer to keys in hand.

Step 1: The Purchase and Sale Agreement

Once your offer is accepted, you’ll enter into a formal Purchase and Sale Agreement (P&S). This is a legally binding contract that outlines the purchase price, contingencies (financing, inspection, appraisal), closing date, and any inclusions or exclusions. Your closing attorney reviews the P&S for legal completeness and flags any provisions that could create problems at closing.

Under NH RSA § 477, the conveyance of real property in New Hampshire must meet specific statutory requirements for deeds and other instruments. Your attorney ensures all documentation meets these standards before any signatures happen.

Step 2: Title Search Through the NH Registry of Deeds

After the P&S is signed, your attorney conducts a comprehensive title search through the applicable NH County Registry of Deeds under NH RSA § 478. New Hampshire has 10 county registries, and the search typically goes back 40+ years to identify any:

• Outstanding mortgages or liens that must be paid off
• Unpaid property taxes or municipal assessments
• Easements, rights-of-way, or deed restrictions
• Judgment liens from court cases
• Errors in prior deed descriptions or recordings
• Undisclosed heirs or ownership disputes

If any title defects are discovered, your attorney works to resolve them before closing — clearing liens, obtaining discharges, and ensuring you receive clear and marketable title.

Step 3: Title Insurance Commitment

Once the title examination is complete, your attorney issues a Title Insurance Commitment — a document showing the current state of title and listing the conditions that must be met before a title insurance policy will be issued. Foy Law Office is an authorized issuing agent for First American Title Insurance Company and Old Republic National Title Insurance Company.

NH law requires title insurance agents to be licensed under NH RSA § 416-A. Two types of policies are typically issued at closing: an Owner’s Policy (protecting the buyer) and a Lender’s Policy (required by almost all mortgage lenders). The Owner’s Policy is a one-time premium that protects your ownership rights permanently.

Step 4: Lender Coordination and Mortgage Documents

Your closing attorney serves as a critical liaison between you, your lender, and the seller. We request the loan documents from your lender, review all mortgage paperwork for accuracy, and ensure the interest rate, loan amount, and payment schedule match your loan commitment. We also prepare and review the Closing Disclosure — a detailed breakdown of all closing costs.

Key documents reviewed include the promissory note, mortgage deed, Closing Disclosure, hazard insurance binders, and any lender-required certifications.

Step 5: Closing Day

On closing day, all parties gather — typically at the attorney’s office, the real estate agent’s office, or the lender’s office. Your attorney walks you through every document, explains what you’re signing, and ensures you understand the legal implications. Key closing day events:

• Buyer and seller execute the warranty deed
• Buyer signs the promissory note and mortgage
• Proceeds from the buyer’s lender are confirmed
• All outstanding liens are paid off at closing
• Net proceeds are disbursed to the seller
• Keys are exchanged

Step 6: Recording at the Registry of Deeds

After closing, your attorney records the deed and mortgage at the applicable NH County Registry of Deeds. Recording is what makes the transfer official and puts the world on notice of your ownership. At Foy Law Office, we record documents promptly — often same day — and provide you with copies of all recorded instruments. Fund disbursement also happens same-day: seller proceeds, payoff checks, and real estate agent commissions are all disbursed at or immediately after closing.