Foreclosure Legal Requirements Explained

Summary

In New Mexico, lenders do not need to present the original mortgage to initiate foreclosure but must provide evidence of the mortgage, proof of the borrowers default, and notice of intent to sell. If the debt is fully paid, foreclosure cannot proceed. Foreclosure can be judicial or non-judicial. If a default judgment is wrongfully obtained, it may be set aside. Serving an estate involves notifying the executor or heirs. If a judge denies the right to pay debt and redeem the house, it could be due to the expiration of the redemption period or insufficient proof of ability to pay. Consult a local attorney for specific advice.

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What is law on if debt has been paid off and court still foreclose
In New Mexico, if the debt has been fully paid, foreclosure cannot proceed. However, it's important to:
- Obtain a payoff statement from the lender
- Keep all payment records
- If foreclosure continues, consider legal help
Always consult a local attorney for accurate advice.
What if case never went before court before granting judgement
In New Mexico, foreclosure can be judicial (through the court) or non-judicial (outside of the court). If it's non-judicial, it doesn't need to go before a court. However, if you believe there's an error, consult with a local attorney immediately.
How does lender serve an estate
In New Mexico, a lender can serve an estate by:
- Notifying the executor or administrator of the estate.
- If no executor or administrator, notifying the heirs.
- Official notice must be sent via certified mail.
Consult with a local attorney for detailed information.
If I responded,then doesn't that go same for estate
Could you please clarify what you meant by "If I responded, then doesn't that go same for estate"? Are you asking about the process of responding to a foreclosure notice as an estate executor or heir?
Bank went after my son's estate, when he is not a singer on mtg
I assume by "singer" you mean "signer". If your son isn't a signer on the mortgage, the bank shouldn't be able to pursue his estate for the debt. It's advised to seek help from a local attorney immediately.
They got default judgment on his estate by not responding to motion default judgment
In New Mexico, if a default judgment has been wrongfully obtained against an estate, you may be able to have it set aside. Did you consult a local attorney to explore this option?
Why would plnff attorney and courts clerk withhold, and remove my filings so judge don't see them
It's unusual for court clerks to withhold or remove filings. If you suspect this, you may want to consult with a legal professional. They can help you investigate the situation and take necessary actions. Can I assist you with anything else?
Yes
Sure, I'd be happy to assist further. What additional information do you need?
Which is better way to go wrongful foreclosure or quiet title suits
Both options can be suitable, depending on your situation:
- Wrongful Foreclosure: This can be an option if there was an improper procedure or the foreclosure was not justified.
- Quiet Title Suit: This can clear any defects or claims on your property's title.
Consult a local attorney to determine the best course of action.
Why would judge deny right to pay debt and redeem house
A judge might deny the right to pay debt and redeem the house in New Mexico if:
- The redemption period has expired.
- The full amount due isn't offered.
- There's a lack of proof of ability to pay.
Always consult a local attorney for specific advice.
When it was discovered that mortgage has been paid off almost 15yrs ago
If the mortgage was indeed paid off 15 years ago, it's crucial to provide proof like payment receipts or a payoff statement. Have you shared these proofs with your attorney or the court?
I have original deeds and sat of MTG.
That's good. Having the original deeds and Satisfaction of Mortgage can be very helpful in proving your case. Have you presented these documents to your attorney or in court?
Yes and judge wouldn't look or take them,
That's unusual. In New Mexico, judges usually consider all relevant evidence. If the judge refused to consider your documents, it might be helpful to consult with a different attorney or seek a second opinion. Do you need help finding legal assistance in your area?
Yes please
Sure, I can help you find legal assistance in your area. Could you please confirm your city or town in New Mexico?
Los lunas
Great, thank you for confirming your location. I suggest reaching out to the New Mexico Legal Aid for assistance with your case. They can provide free or low-cost help. You can contact them at (*) *-*.
Thank you
You're welcome! If you have any other questions or need further information, don't hesitate to ask. I'm here to help.
I'll have more
Absolutely, take your time. When you're ready, please feel free to ask your additional questions. I'm here to assist you.
If there's a court order,as well as it's stated on deed,plus irrevocable trust agreement and judge ordered property to be sold, wouldn't this mean judge has broken a court order
Could you clarify if you're referring to a specific court order that contradicts the judge's decision to sell the property? This would help me provide more accurate information.
Court order from another judge about transferring property into irrevocable trust
If there's a conflicting court order regarding the property's transfer to an irrevocable trust, it may impact the decision to sell. It's advised to consult a local attorney. Do you need assistance finding one in Los Lunas, New Mexico?
Yes
Great, I suggest reaching out to the New Mexico Legal Aid. You can contact them at (*) *-*. They may be able to provide guidance on this complex issue.
Ok
Wonderful! If you have any more questions in the future or need further assistance, feel free to reach out. Good luck with your situation. Is there anything else you would like to know?