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Which Type of Foreclosure Is Permitted in New Mexico? If you default on your mortgage payments for your home in New Mexico, the foreclosure will most likely be judicial. A nonjudicial foreclosure is allowed in New Mexico if the loan contract is a deed of trust. But this process isn't used too often.
While the process varies by state, in general lenders pursue the following course of action to initiate a judicial foreclosure: Notice of intent: Once a mortgage is unpaid for 120 days, the lender informs the borrower by mail that foreclosure proceedings will begin.
New Mexico Foreclosure Procedures In New Mexico, foreclosures are usually judicial in nature. New Mexico's nonjudicial procedure is rarely used. A judicial foreclosure begins when the bank files a lawsuit with the court and serves it on the borrower. If the borrower fails to respond, the lender will win automatically.
Redemption Period After a Foreclosure Sale in New Mexico For both judicial and nonjudicial foreclosures, New Mexico law generally gives the borrower nine months to redeem the home after a foreclosure sale. But the terms of the mortgage or deed of trust can?and usually do?reduce the redemption period to one month.
The New Mexico Supreme Court has not set an expiration date for the state's moratorium. The court says the federal foreclosure moratorium expired last month, but the Federal Housing Administration announced that it was extending it through Sept.
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
Ways to Stop Foreclosure in New Mexico Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.