Overview
This page is about foreclosure, governed by the New Mexico State Statutes found in Article 5 Section 39-5-1 through 58-21A-6 of NMSA 1978.
Since there are other laws governing foreclosure, you should talk to a lawyer to ensure that this is the correct procedure for your situation.
Additional Information
What is a Foreclosure?
A foreclosure is a legal action that allows a lender to take a property when the borrower or homeowner has not made payments. New Mexico is a “judicial foreclosure” state. This means our laws require that the lender file a Complaint in District Court and prove that it is entitled to take the property. A foreclosure case can take several months before the Court makes a final decision.
The Foreclosure Court Process
Step 1: Complaint
The Complaint is the first paper filed with the court by the Plaintiff/Lender. In a foreclosure action, the Plaintiff is the lender or servicer of the mortgage. The Complaint asks the Court for help in getting someone to pay a debt or forfeit their property.
Step 2: Summons
The Court gives the lender a Summons. The Summons is an order by the court that gives the Defendant/Homeowner 30 days to respond to the Complaint. In a foreclosure action, the Defendant is the homeowner.
Step 3: Answer or Motion
If you have been served with a Summons and Complaint, the next step would be to file a response at the courthouse. Your written response can be a motion or an Answer. In the Answer, the homeowner can respond to the Complaint by agreeing or disagreeing with it, and sharing their story. The Answer should be filed with the Court within 30 days from receiving the Complaint.
Step 4: Response
When the lender or homeowner files a Motion, the party that gets the Motion has 15 days to file a Response saying why they disagree with what the Motion is asking for. The party that files the Motion, also files a Request for Hearing. The court will schedule a hearing where both sides get to explain what they want. The judge’s decision will be explained in an Order.
Motion for Default Judgment: When the homeowner does not file an Answer or a response with the Court, the lender can ask the Court to automatically let them win the case.
Statewide Foreclosure Settlement Facilitation Program
The Statewide Foreclosure Settlement Program assists homeowners and lenders reach mutually agreeable solutions in foreclosure matters wherein a majority of cases results in loan modifications. This program assists in preventing avoidable foreclosures and providing economic stability for families and communities. The Court is working with the Supreme Court and other judicial districts to expand foreclosure settlement services statewide.
Contact the Foreclosure Settlement Program at:
General Office Number: 505-841-7626; or,
General Email: albdfsp@nmcourts.gov
Contact Information
New Mexico Courts HelpLine (855) 268-7804
The HelpLine is available to assist you. Hours of operation: Monday – Friday 7:00 a.m. to 7:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m.
To reach or visit the closest self-help center to you, please view Self-Representation by Court District.
Last updated: 8/24/2026