- Who sends it
- The special master or the lender's attorney, published in a county newspaper and posted
- What it starts
- A sale date at least 30 days after judgment, with 4 weeks of published notice
- Do this first
- Check the judgment date and ask the clerk for the exact amount to pay off the judgment
What this document is in New Mexico
New Mexico home foreclosures are court cases. Once the judge enters a judgment of foreclosure, the home is sold at public sale. The notice of sale lists the date, hour, place and terms of the sale (NMSA § 39-5-3, per the New Mexico funnel file). Under NMSA § 39-5-1, the time and place of the sale and a description of the property must be published for four weeks before the sale and notice must be posted in public places in the county.
The person who runs the sale is usually a special master, who later reports the sale to the court (New Mexico state file).
What it does and does not mean
- The sale is not final when the gavel falls. The judge must review the special master's report and confirm the sale.
- You do not have to leave on the sale date. Possession comes later through the court.
- New Mexico gives you a right to buy the home back after the sale is confirmed: 9 months, or as little as 1 month if your mortgage shortens it (NMSA §§ 39-5-18, 39-5-19). See the order confirming sale.
- On a Home Loan Protection Act loan, you can still cure and reinstate at any time before title is transferred by the foreclosure (NMSA § 58-21A-6(B)).
The deadlines it starts and how to count them
- Judgment to sale: at least 30 days after the judgment is entered (NMSA § 39-5-17, per the New Mexico state file). Count calendar days from the date the judgment was filed.
- Pay off the judgment: during those 30 days you can avoid the sale by depositing the full judgment, interest and court costs with the district court clerk (NMSA § 39-5-17).
- Published notice: four weeks before the sale (NMSA § 39-5-1).
- Federal review: if a complete loss mitigation application reaches the servicer more than 37 days before the sale, it must be reviewed with a written decision within 30 days (12 C.F.R. § 1024.41(c)(1)).
What to do this week
- Find the judgment date in your case file and the sale date in the notice.
- If you are within 30 days of the judgment, ask the clerk and the lender's attorney for the exact payoff of the judgment.
- Ask the lender's attorney in writing for a reinstatement figure if your loan is covered by the Home Loan Protection Act.
- If you have a workout pending or a buyer lined up, ask the lender in writing to postpone, or ask a lawyer about a motion. A motion alone does not stop a sale.
- Check your mortgage's redemption period now so you can plan.
- Call New Mexico Legal Aid at 1-833-545-4357 or the Courts HelpLine at 855-268-7804.
State help and scam warnings
Sale notices are public. Under New Mexico's foreclosure consultant law, a consultant cannot take a fee before finishing every service, cannot take an interest in your home, and you can cancel the contract until midnight of the third business day (New Mexico state file). See the New Mexico foreclosure help page.
- Be careful with anyone offering to buy your redemption right for a small sum. Talk to legal aid first.
- Read how to stop foreclosure in New Mexico.
The rest of the New Mexico process
See how foreclosure works in New Mexico, the timeline, ways to stop it and free help in New Mexico, or read the national guide to this letter.
Common questions
How soon after judgment can my New Mexico home be sold?
Not until at least 30 days after the judgment (NMSA § 39-5-17, per the New Mexico state file). The notice of sale states the date.
Can I stop a New Mexico foreclosure sale by paying the judgment?
Yes, within 30 days after the judgment, by depositing the full judgment, interest and costs with the district court clerk (NMSA § 39-5-17).
Where is a New Mexico foreclosure sale advertised?
In a newspaper for four weeks before the sale and by posted notices in the county (NMSA § 39-5-1). Check your court docket and ask the special master too.
Other New Mexico letters
- Notice of the Right to Cure the Default (Home Loan Protection Act)For most owner-occupied home loans, New Mexico's Home Loan Protection Act requires the lender to send a notice of the right to cure before it can file a foreclosure. It must give you at least 30 days from delivery to catch up, and the lender must accept partial payments you make in response.
- Summons and Complaint for Foreclosure (with Plaintiff's Certification of Pre-Filing Notice)New Mexico home foreclosures happen in district court. The lawsuit starts when the lender files a complaint and you are served with a summons, which gives you 30 days to respond with an answer or motion. For your home, the lender must also file a certification that it sent you a pre-filing notice of your options.
- Order of Referral to the Foreclosure Settlement ProgramIn many New Mexico residential foreclosure cases, the district court sends the case to its Foreclosure Settlement Program. The case is put on hold while a neutral settlement facilitator helps you and the lender explore options. You must turn in the Homeowner Information Form by your deadline and complete the lender's loss mitigation application.
- Order Confirming Special Master's Report (order confirming sale)After a New Mexico foreclosure sale, the judge reviews the special master's report and files an order confirming the sale. The date that order is filed starts your redemption period, which is 9 months unless your mortgage shortens it, never to less than 1 month. During that time you can buy the home back.