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How to Avoid
Foreclosure

New Mexico · Get help now

Free foreclosure help in New Mexico

Free help is available in New Mexico at every stage, and New Mexico has a nonprofit that works only on foreclosure: United South Broadway Corporation. Who you call first depends on where you are in the process. You never have to pay a company to talk to your servicer, apply for a modification, or join the court's settlement program. If you have been served, the 30-day deadline to respond is already running.

Reviewed against New Mexico law and official sources on October 12, 2026. General information, not legal advice.

Ask for help in New Mexico

Free. A person replies with the options and official help that fit. Messages about a scheduled sale are answered first.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Who to call first, by situation

  • You are not behind yet but expect trouble

    Before you miss a payment

    Call your servicer about hardship options. United South Broadway Corporation offers free one-on-one help from HUD-certified housing counselors with no income limit, in English and Spanish. If you have an MFA loan, contact Housing New Mexico (New Mexico Mortgage Finance Authority) directly.

  • You are behind or got a right-to-cure notice

    Within days; the cure notice gives at least 30 days

    Send your servicer a complete application and keep copies. United South Broadway Corporation can explain your loss mitigation options and help you submit the paperwork. The state Homeowner Assistance Fund can no longer fund new help.

    NMSA § 58-21A-6

  • You were served with a summons and complaint

    Immediately; you have 30 days to respond

    Apply to New Mexico Legal Aid online or at 1-833-545-4357, and contact United South Broadway Corporation, which represents eligible homeowners in district court. If you earn too much for legal aid, call the Modest Means Helpline (New Mexico State Bar Foundation); if you are 55 or older, call the Legal Resources for the Elderly Program (New Mexico State Bar Foundation). New Mexico Courts: Foreclosure Self-Help explains filing procedures.

  • Your case was referred to the settlement program

    Before the Homeowner Information Form deadline in the order

    Submit the form and follow the instructions from the Foreclosure Settlement Program (Second Judicial District Court) or your own district court's program. United South Broadway Corporation can support you through the program if you do not have a lawyer.

  • A sale date has been set

    The same day you learn of it

    Call New Mexico Legal Aid or United South Broadway Corporation about paying off the judgment, asking the court to delay the sale, or redemption. Check the sale details with the district court clerk and the lender's attorney. A licensed attorney found through State Bar of New Mexico: Find an Attorney can also advise you.

  • Your servicer is not following the rules

    As soon as the problem happens

    Write down dates and names and send the servicer a written complaint. If the company is a state-licensed mortgage loan company, file with the New Mexico Financial Institutions Division: File a Complaint. Ask legal aid whether the problem, such as a missing cure notice, is a defense in your case.

  • Someone contacted you offering to save your home for a fee

    Before you sign or pay anything

    Under New Mexico law a foreclosure consultant cannot collect any fee until every promised service is done, must give you the contract 24 hours before you sign, and must let you cancel until midnight of the third business day. Do not sign over your deed or a power of attorney. Talk to New Mexico Legal Aid or United South Broadway Corporation first.

    NMSA §§ 47-15-3 to 47-15-5

Official and nonprofit help in New Mexico

None of these charge homeowners for foreclosure help.

New Mexico Homeowner Assistance Fund (HAF)

The New Mexico Homeowner Assistance Fund, run by the Mortgage Finance Authority (now Housing New Mexico), cannot fund new help. The U.S. Treasury states that the federal HAF period ended on September 30, 2026 and that recipients may no longer use HAF money to assist homeowners. Housing New Mexico's website no longer has a HAF program page; only an old eligibility questionnaire is still posted, and the program's own website did not load. No other state-run mortgage payment assistance program was found open. Housing New Mexico still handles hardship requests on its own second mortgage loans.

Check the program’s current status

Common questions in New Mexico

Where can I get a free foreclosure lawyer in New Mexico?

New Mexico Legal Aid takes applications online and at 1-833-545-4357 for eligible low-income residents. United South Broadway Corporation provides free legal services in foreclosure cases to homeowners who qualify. Both have limits on who they can take, so apply as soon as you are served.

Is New Mexico's Homeowner Assistance Fund still open?

No. The program was run by the Mortgage Finance Authority, now Housing New Mexico, and its program page is no longer on Housing New Mexico's website. The U.S. Treasury states that the federal program period ended on September 30, 2026, and that states may no longer use HAF money to help homeowners.

What is the New Mexico Modest Means Helpline?

It is a State Bar Foundation phone line where staff attorneys give legal advice to New Mexicans who earn too much for New Mexico Legal Aid or cannot be served there. Call 888-857-9935 or 505-797-6013, Monday through Friday, 8 a.m. to 5 p.m. Mountain Time. Callers 55 or older should use the Legal Resources for the Elderly Program instead.

What happens if a New Mexico foreclosure consultant breaks the law?

Under the Mortgage Foreclosure Consultant Fraud Prevention Act, you can sue for actual damages, attorney fees, and up to three times the fee charged if the violation was willful. Taking fees before finishing the work, or taking an interest in your home, is also a fourth degree felony that the Attorney General or district attorney can prosecute.

Step by step

More on foreclosure in New Mexico

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the New Mexico overview

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Sources for this page

  1. Third Judicial District Court: Foreclosure Settlement Program workshop slides (stay and order of referral)
  2. Second Judicial District Court: statewide FSP orientation slides (FY24)
  3. State Bar of New Mexico: For the Public
  4. NMSA 1978 Chapter 39, Judgments, Costs, Appeals (incl. §§ 39-5-1, 39-5-17 to 39-5-23), NMOneSource
  5. NMSA 1978 Chapter 48, Liens and Mortgages (Deed of Trust Act, §§ 48-10-1 et seq.), NMOneSource
  6. NMSA 1978 Chapter 58, Financial Institutions (Home Loan Protection Act, §§ 58-21A-1 to 58-21A-14), NMOneSource
  7. NMSA 1978 Chapter 47, Property Law (Mortgage Foreclosure Consultant Fraud Prevention Act, §§ 47-15-1 to 47-15-8), NMOneSource
  8. Rule 1-003.3 NMRA, Commencement of residential foreclosure action; certification of pre-filing notice (approved Oct. 31, 2025)
  9. Rule 1-054.2 NMRA, Judgments in residential foreclosure actions; certification concerning absence of loss mitigation negotiations (approved Oct. 31, 2025)
  10. Form 4-712 NMRA, Plaintiff's certification of absence of loss mitigation negotiations (approved Oct. 31, 2025)
  11. Form 4-227 NMRA, Plaintiff's certification of pre-filing notice (2022 version)
  12. New Mexico Courts Self-Representation: Foreclosure
  13. New Mexico Courts: Foreclosure Resources (English, June 2026)
  14. New Mexico Courts: Foreclosure Settlement Program orientation slides
  15. Second Judicial District Court: Foreclosure Settlement Program
  16. Eleventh Judicial District Court: Foreclosure Settlement Program workshop slides (2025)
  17. Bank of America, N.A. v. Lipper, N.M. Ct. App. memorandum opinion (writ of assistance to remove former owner)
  18. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  19. Housing New Mexico: Homeowner Assistance Fund Potential Eligibility Questionnaire (legacy page)
  20. Housing New Mexico: Hardship Subordination Guidelines
  21. United South Broadway Corporation: Services