Rule text
[For use with Rule 1-054.2 NMRA]
STATE OF NEW MEXICO COUNTY OF __________________________ ____________ JUDICIAL DISTRICT COURT
___________________________, Plaintiff,
v. No.__________
___________________________, Defendant.
PLAINTIFF'S CERTIFICATION OF THE ABSENCE OF LOSS MITIGATION NEGOTIATIONS
I, _______________________________, duly authorized agent for Plaintiff, certify the following statements are true and correct as of ________________ (date):
1. Plaintiff or Plaintiff's affiliate or agent has solicited and attempted to engage Defendant homeowner in loss mitigation negotiations.
2. Neither Plaintiff nor Plaintiff's affiliate or agent is currently engaged in any loss mitigation negotiations with Defendant or Defendant's agents.
_________________________________ Company Name _________________________________ Signature _________________________________ Printed Name _________________________________ Title _________________________________ Address
[Approved by Supreme Court Order No. 21-8300-004, effective for all cases 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-2025-00166, effective for all cases pending or filed on or after December 31, 2025.]
Notes
ANNOTATIONS
The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2025-00166, effective December 31, 2025, specified that the form applies to "residential" foreclosure actions; and in the rule heading, added "residential" preceding "foreclosure actions".
The 2022 amendment, approved by Supreme Court Order No. 22-8300-010, effective May 23, 2022, clarified that a plaintiff in a foreclosure action must certify as a precondition to the entry of judgment of foreclosure by the district court that the plaintiff, or the plaintiff's agent, has solicited and attempted to engage the defendant homeowner in loss mitigation negotiations and that the plaintiff, or the plaintiff's agent, is not currently engaged in any loss mitigation negotiations with the defendant or the defendant's agents, and removed provisions requiring the plaintiff in a foreclosure action to certify that the plaintiff, or the plaintiff's agent, is not currently engaged in any loan modification negotiations with the defendant or the defendant's agents; in the form heading, after "absence of", deleted "loan modification and"; in the title of the form, after "ABSENCE OF", deleted "LOAN MODIFICATION AND/OR"; in the introductory clause, after "certify", deleted "that on _______ Plaintiff provided pre-filing notice to Defendant of the following" and added "the following statements are true and correct as of _______ (date)"; deleted Items 1 and 2, and redesignated Item 3 as Item 1; in Item 1, after "homeowner in", deleted "loan modification negotiations pre-foreclosure" and added "loss mitigation negotiations"; added new Item 2; and after Item 2, deleted the last sentence of the form, which provided "Plaintiff or its affiliate or agent has solicited and attempted to engage Defendant homeowner in loss mitigation negotiations preforeclosure."
ARTICLE 8 Special Proceedings