Rule text
[For use with District Court Rule 1-003.3 NMRA]
STATE OF NEW MEXICO COUNTY OF __________________________ ____________ JUDICIAL DISTRICT COURT
____________________________, Plaintiff,
v. No. ____________________
____________________________, Defendant.
PLAINTIFF'S CERTIFICATION OF PRE-FILING NOTICE I, ___________________________ (name), _____________________ (title), for Plaintiff certify that on __________ (date) Plaintiff provided pre-filing notice to Defendant of the following:
1. A list and brief description of each of the types of loss mitigation options available to Defendant by the owner or assignee of Defendant's mortgage loan and the actions Defendant must take to be evaluated for such loss mitigation options;
2. Notification as to whether the loan is federally backed or a governmentsponsored enterprise (GSE) loan, and if so, what federal or GSE-specific relief options are available to Defendant;
3. The name of the entity that holds the loan, and the contact information for the loan servicer; and
4. A list of resources, substantially in a form approved by the Supreme Court, that Defendant may contact for assistance.
I further certify that at least one of the following has been met (check all that apply):
[ ] Defendant submitted a complete loss mitigation application and the servicer has completed review of the application. Defendant remained delinquent at all times since submitting the application, and was denied for loan modification or did not accept another loss mitigation offer.
[ ] The property securing the mortgage loan is abandoned according to the laws of the State of New Mexico.
[ ] The loan was delinquent for one hundred twenty (120) days prior to the filing of the complaint.
[ ] The statute of limitations applicable to the foreclosure action being taken will expire within one hundred twenty (120) days if the Court does not allow the filing of the Foreclosure Complaint. The statute of limitations will expire on __________________.
_______________________________ Signature _______________________________ Printed Name _______________________________ Law Firm Name (if applicable) _______________________________ Physical Address _______________________________ Telephone Number _______________________________ E-Mail Address _______________________________ Relationship To Plaintiff
[Adopted by Supreme Court Order No. 21-8300-004, effective for all cases pending or filed on or after September 7, 2021; as amended by Supreme Court Order No. 22-8300- 010, effective for all cases pending or filed on or after May 23, 2022; as amended by Supreme Court Order No. S-1-RCR-2024-00080, effective for all cases pending or filed on or after December 31, 2024.]
Notes
ANNOTATIONS
The 2024 amendment, approved by Supreme Court Order No. S-1-RCR-2024-00080, effective December 31, 2024, removed an expired provision, and revised the Use Notes; deleted Paragraph 5, which provided "Notice to Defendant of the New Mexico Homeowner Assistance Fund (HAF) and ability to request a stay while applying for HAF", and deleted the Use Note, which provided "Paragraph 5 shall expire and be withdrawn from this form on September 30, 2025, or upon notification to the Supreme Court of exhaustion of the New Mexico Homeowner Assistance Fund (HAF) program funds, whichever is earlier.".
The 2022 amendment, approved by Supreme Court Order No. 22-8300-010, effective May 23, 2022, required a plaintiff in a foreclosure action to certify that prior to filing the foreclosure action, the plaintiff provided notice to the defendant as to what federal or government-sponsored enterprise-specific relief options are available to the defendant, notice of the entity that holds defendant's loan, and notice of the New Mexico Homeowner Assistance Fund (HAF) and defendant's ability to request a stay while applying for homeowner's assistance from HAF, required the plaintiff to certify whether defendant's loan servicer has completed a review of the defendant's loss mitigation application, whether the defendant was denied for a loan modification or did not accept another loss mitigation offer, removed a provision requiring the plaintiff to certify that the loan servicer has not received any communications from the defendant for at least ninety days before the loan servicer made the first filing for foreclosure and all the conditions of certain federal regulations were met, and made certain clarifying amendments;, added the title "PLAINTIFF'S CERTIFICATION OF PRE-FILING NOTICE"; in Item 2, after "and if so,", deleted "who holds the loan" and added "what federal or GSE-specific relief options are available to Defendant"; in Item 3, deleted "Contact" and added "The name of the entity that holds the loan, and the contact"; and added new Item 5; in the certification section, after "I further certify that", added "at least", and after "check", deleted "one" and added "all that apply"; in the first item, after "mitigation application", added "and the servicer has completed review of the application. Defendant", after "submitting the application, and", deleted "the servicer has completed review of the application" and added "was denied for loan modification or did not accept another loss mitigation offer"; deleted "The servicer did not receive any communications from Defendant for at least ninety (90) days before the servicer made the first filing for foreclosure and all of the conditions from 12 CFR 1024.41(f)(2) were met."; and in the third item, after "(120) days", deleted "or more prior to March 1, 2020" and added "prior to the filing of the complaint".