NEW MEXICO (KRQE) – The New Mexico Supreme Court outlined rules aimed at helping New Mexican at risk of losing their homes. The new rules require that a homeowner is given information about their loan and possible ways to avoid losing their home. These new rules will apply to any foreclosure filings made by a forclosure creditor on or after September 7.
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The new rules come as the federal foreclosure moratorium expired. However, the state supreme court’s pause on evictions remains active. The New Mexico Supreme Court has not set an expiration date for the state’s moratorium.
The court says the federal foreclosure moratorium expired last month, but the Federal Housing Administration announced that it was extending it through Sept. 30 a moratorium on evictions for foreclosed borrowers living in federally insured, single-family properties.
Meanwhile, the court said they implemented a schedule for gradually lifting a suspension on consumer debt collection orders. They say known as writs of garnishment and execution, the orders allow creditors to obtain a portion of a delinquent borrower’s wages or to seize and sell certain personal property to repay a debt. State courts stopped issuing orders for debt collection in June 2020.
The New Mexico Supreme Court says courts will phase in the issuance of new debt collection orders based on when creditors obtained a judgment against a person owing money. Older judgments will be addressed first by courts and the suspension on debt collection orders will be fully lifted on Feb. 1, 2022, when courts will issue writs of garnishment and execution in all cases regardless of when a creditor obtained a judgment.
They also say creditors will be required to file new applications for debt collection orders. Any applications pending when the suspension took effect last year are no longer valid.
The court sent the following schedule on when creditors can begin filing writ applications and when courts will resume issuing debt collection orders:
- Starting Sept. 1, 2021, for judgments entered in cases in 2016 or before.
- Beginning Oct. 1, for judgments filed in cases on or before Dec. 31, 2018.
- Effective Nov. 1, for judgments filed on or before Dec. 31, 2019.
- Effective Jan. 1, 2022, for judgments filed on or before Dec. 31, 2020.
To view the news rules or for more information, visit supremecourt.nmcourts.gov/supreme-court/opinions-rules-and-forms/approved-amendments-to-rules-and-forms/2021-2.