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New Mexico · Weigh your options

Foreclosure mediation in New Mexico

New Mexico's district courts run a Foreclosure Settlement Program for residential foreclosure cases. The court refers the case to the program and stays it, and a neutral settlement facilitator helps you and the lender look for an agreement; the courts say most program cases end in loan modifications. The courts' self-help site was updated in August 2026 and still points homeowners to the program.

Ask for help in New Mexico Free HUD counselor: (800) 569-4287

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

How foreclosure mediation works in New Mexico, step by step

  1. Who it is for

    After a residential foreclosure complaint is filed

    The program handles residential foreclosure lawsuits. The court enters an order referring the lender and the homeowner to the program.

  2. The case is stayed while you take part

    From the order of referral until the stay is lifted

    The stay stops the foreclosure litigation while you try to settle. The Eleventh District says that if facilitation fails and the case returns to the judge, you have 30 days after the order lifting the stay to file an answer.

  3. Send the Homeowner Information Form

    Before the deadline in your court papers

    Complete the Homeowner Information Form with your current phone and email and submit it on time. Then take part in the first telephone status conference.

  4. Complete the lender's loss mitigation application

    Within 30 days or sooner in the Eleventh District

    Return the application to the bank's attorney with pay stubs, bank statements, Social Security award letters or profit and loss statements, tax returns if asked, and a hardship letter. If you never got the application, call the bank's attorney and ask for it.

  5. The settlement facilitation

    After status conferences show both sides are ready

    The bank's attorney, an authorized lender representative, you and the facilitator meet by phone or video. A housing counselor, lawyer or family member may join with the facilitator's permission, and both sides must take part in good faith.

  6. Cost depends on your district

    Before facilitation begins

    The Second Judicial District (Albuquerque) says the facilitator is free. The Eleventh Judicial District (San Juan County) asks each side to deposit a fee, with a sliding scale based on income.

  7. Before any judgment, the lender must certify

    Before a foreclosure judgment is entered

    For a 1 to 4 family home you live in, the lender must file a certification that it tried to engage you in loss mitigation and is not currently negotiating with you. Keep records of every application and call.

    Rule 1-054.2 NMRA

The program in New Mexico

Foreclosure mediation

Program available

New Mexico's district courts run a Foreclosure Settlement Program for residential foreclosure cases. The court enters an Order of Referral, the case is stayed, and a neutral settlement facilitator helps you and the lender explore options such as a loan modification. The courts' self-help site says most cases in the program end in loan modifications. You take part by submitting the Homeowner Information Form before your deadline and completing the lender's loss mitigation application. The Second Judicial District (Albuquerque) says the facilitator is free; the Eleventh Judicial District (San Juan County) charges each side a sliding-scale fee. Call the program at 505-841-7626 or your district court to ask how it works where you live.

Official program page

Common questions in New Mexico

Who do I call about New Mexico's Foreclosure Settlement Program?

The program's general office number is 505-841-7626 and its email is albdfsp@nmcourts.gov. The Eleventh Judicial District in San Juan County lists its own program office at 505-326-2256.

Can a housing counselor come to my New Mexico settlement facilitation?

Yes, with the facilitator's permission. The Eleventh District's materials list a housing counselor, a spouse not on the loan, a lawyer or other family members as people who may attend.

How long does New Mexico's Foreclosure Settlement Program take?

The courts say every case is different and the process generally takes several months. Responding quickly to the facilitator and sending documents on time keeps it moving.

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.

Also in New Mexico

Foreclosure mediation (this page)Property tax foreclosure Claim surplus funds Deficiency judgments Letters you may get

Back to the New Mexico overview

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Sources for this page

  1. NMSA 1978, Chapter 37, Limitation of Actions (§ 37-1-2)
  2. NMSA 1978, Chapter 35, Magistrate and Municipal Courts (§ 35-12-7)
  3. NMSA 1978 Chapter 39, Judgments, Costs, Appeals (incl. §§ 39-5-1, 39-5-17 to 39-5-23), NMOneSource
  4. NMSA 1978 Chapter 48, Liens and Mortgages (Deed of Trust Act, §§ 48-10-1 et seq.), NMOneSource
  5. NMSA 1978 Chapter 58, Financial Institutions (Home Loan Protection Act, §§ 58-21A-1 to 58-21A-14), NMOneSource
  6. NMSA 1978 Chapter 47, Property Law (Mortgage Foreclosure Consultant Fraud Prevention Act, §§ 47-15-1 to 47-15-8), NMOneSource
  7. Rule 1-003.3 NMRA, Commencement of residential foreclosure action; certification of pre-filing notice (approved Oct. 31, 2025)
  8. Rule 1-054.2 NMRA, Judgments in residential foreclosure actions; certification concerning absence of loss mitigation negotiations (approved Oct. 31, 2025)
  9. Form 4-712 NMRA, Plaintiff's certification of absence of loss mitigation negotiations (approved Oct. 31, 2025)
  10. Form 4-227 NMRA, Plaintiff's certification of pre-filing notice (2022 version)
  11. New Mexico Courts Self-Representation: Foreclosure
  12. New Mexico Courts: Foreclosure Resources (English, June 2026)
  13. New Mexico Courts: Foreclosure Settlement Program orientation slides
  14. Second Judicial District Court: Foreclosure Settlement Program
  15. Eleventh Judicial District Court: Foreclosure Settlement Program workshop slides (2025)
  16. Bank of America, N.A. v. Lipper, N.M. Ct. App. memorandum opinion (writ of assistance to remove former owner)
  17. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  18. Housing New Mexico: Homeowner Assistance Fund Potential Eligibility Questionnaire (legacy page)
  19. Housing New Mexico: Hardship Subordination Guidelines
  20. United South Broadway Corporation: Services