- Who sends it
- The lender's attorney files it in your county's district court and has you served
- What it starts
- 30 days to file an Answer or a Motion with the court
- Do this first
- Mark the 30th day and call the New Mexico Courts HelpLine at 855-268-7804 or New Mexico Legal Aid
What this document is in New Mexico
The New Mexico Courts self-help page explains: "The Summons is an order by the court that gives the Defendant/Homeowner 30 days to respond to the Complaint." The complaint is the lender's written claim that you are in default and that it can foreclose.
For a 1 to 4 family home that you live in as your principal residence, Rule 1-003.3 NMRA says the clerk "shall not accept for filing any residential foreclosure complaint" unless it comes with a certification of pre-filing notice substantially in the form of Form 4-227 NMRA. That form, titled "Plaintiff's Certification of Pre-Filing Notice," says the lender gave you:
- A list and short description of the loss mitigation options available to you and what you must do to be evaluated.
- Whether the loan is federally backed or a Fannie Mae or Freddie Mac loan, and what relief that program offers.
- The name of the entity that holds the loan and contact information for the servicer.
- A list of resources you can contact for help.
What it does and does not mean
- It is a lawsuit, not a sale date. A sale can happen only after a judgment.
- You can raise defenses, including that there was no default or that the lender broke the Home Loan Protection Act (NMSA § 58-21A-6(E)).
- Many district courts can refer the case to the Foreclosure Settlement Program, which pauses the case while you and the lender talk.
- Before a judge can enter judgment on an owner-occupied home, the lender must certify that it tried to engage you in loss mitigation and is not currently negotiating with you (Rule 1-054.2 NMRA, per the New Mexico state file).
The deadline it starts and how to count it
The self-help page says "the Answer should be filed with the Court within 30 days from receiving the Complaint." Count calendar days starting the day after you were served. If you do not respond, the lender can file a Motion for Default Judgment to win without a trial. If the lender files a motion in the case, you have 15 days to file a response.
If your mortgage shortens the 9-month redemption period, the time to ask the judge to lengthen it is before judgment is entered (NMSA § 39-5-19, per the New Mexico state file). Raise it early.
What to do this week
- Write down the service date and count 30 days.
- Read the complaint and the Plaintiff's Certification of Pre-Filing Notice. Did you get the options list and resource list it describes? If not, tell your lawyer.
- Check your mortgage for a redemption period shorter than 9 months.
- Call the New Mexico Courts HelpLine at 855-268-7804 (Monday to Friday 7 a.m. to 7 p.m., Saturday 9 a.m. to 1 p.m.) or New Mexico Legal Aid at 1-833-545-4357.
- File your Answer or a Motion on time and keep a stamped copy.
- Read how foreclosure works in New Mexico.
State help and scam warnings
The self-help page reminds you that "you should talk to a lawyer to ensure that this is the correct procedure for your situation." The State Bar Foundation's Modest Means Helpline is 888-857-9935, and the Foundation's Legal Resources for the Elderly Program is at 1-800-876-6657. See the New Mexico foreclosure help page.
- Court filings are public, so expect solicitations. A foreclosure consultant in New Mexico cannot take any fee until every promised service is done (NMSA §§ 47-15-3 to 47-15-8, per the New Mexico state file).
- Only a licensed New Mexico lawyer can represent you in court.
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 long do I have to answer a New Mexico foreclosure lawsuit?
30 days, according to the New Mexico Courts self-help page. If you do not respond, the lender can ask for a default judgment.
What is a Plaintiff's Certification of Pre-Filing Notice?
It is the lender's sworn form (Form 4-227 NMRA) saying it sent you your loss mitigation options, loan type, servicer contact and a resource list before suing. Under Rule 1-003.3 NMRA the clerk cannot accept a residential foreclosure complaint without it.
Does joining the settlement program change my answer deadline?
The New Mexico state and funnel files say the case is stayed while in the program. District practices vary, so ask the court clerk or your lawyer how your answer deadline is handled before relying on the stay.
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.
- 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.
- Notice of Sale (foreclosure sale under judgment, usually by a special master)After a New Mexico judge enters a foreclosure judgment, the home is sold at a public sale, usually run by a special master. The sale cannot happen until at least 30 days after the judgment, and during those 30 days you can stop it by paying the full judgment to the court clerk. Notice must be published for 4 weeks.
- 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.