Rule text
A. Commencement of action. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a residential foreclosure action. Notwithstanding the provisions of Rule 1-005(F) NMRA, the clerk shall not accept for filing any residential foreclosure complaint that is not submitted with the certification form required under this rule. This rule does not apply to lien foreclosures. B. Definition. As used in this rule, "residential" means a property designed principally for occupancy by one to four families and that is occupied by the defendant as the defendant's principal residence.
[Approved 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. 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 rule applies to "residential" foreclosures, and defined "residential" as used in this rule; in the rule heading, added "residential" preceding "foreclosure action", and after the semicolon, added "definition"; added new paragraph designation "A"; in Paragraph A, after the paragraph heading, added "Commencement of action.", added "residential" preceding each occurrence of "foreclosure", and after "under this rule", added "This rule does not apply to lien foreclosures"; and added Paragraph B.