Rule text
A. Certification for judgment. As a precondition to the entry of judgment of residential foreclosure by the district court, the plaintiff shall file a certification, substantially in the form approved by the Supreme Court as Form 4-712 NMRA, concerning the absence of loss mitigation negotiations with the borrower. 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. 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 rule applies to "residential" foreclosures, and defined "residential" as used in this rule; in the rule heading, added "residential" preceding "foreclosure actions", and after the semicolon, added "definition"; added new paragraph designation "A"; in Paragraph A, after the paragraph heading, added "Certification for judgment", and after "with the borrower", added "This rule does not apply to lien foreclosures"; and added Paragraph B.
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 is not currently engaged in any loss mitigation negotiations with the defendant, and removed a provision requiring the plaintiff in a foreclosure action to file a certification concerning the absence of loan modification negotiations with the defendant; in the rule heading, after "certification concerning", deleted "loan modification and" and added "the absence of"; and after "Form 4-712 NMRA, concerning", deleted "loan modification and" and added "the absence of".