Foreclosure in any aspect is a negative situation. No homeowner will ever want to foreclose their home because of any financial crisis. But if the situation of foreclosure occurs the homeowner should be aware of the procedure of how to stop foreclosure in New Mexico. Facing foreclosure is an awful situation. There are two ways through which the Foreclosure process takes place: Judicial and Non-Judicial. New Mexico allows judicial foreclosures. The foreclosure process has to follow state laws.
If you are currently in foreclosure it’s important for you to know, how you can stop foreclosure from taking place. There are various options you can opt for to stop a foreclosure from happening.
What Does Foreclosure Means?
Taking a loan from a bank or a lender to buy a house or property is very common everywhere. Paying back the borrowed amount in the given time duration is also very important. If someone fails to pay back the loan amount, the foreclosure situation is very likely to come into existence. Foreclosure begins after the very first missed payment.
Foreclosure can also happen if the homeowner fails to pay the property tax levied upon them. There are various reasons for falling behind in payments like, financial crisis, medical emergencies, and sudden loss of job.
Introduction to Foreclosure in New Mexico
The foreclosure crisis peaked in 2010. The foreclosure process and mortgage services were heavily supported by state and federal laws after that. In New Mexico, people must sign a promissory note and mortgage when they take a loan to buy property. These documents give people some contractual rights as well.
New Mexico foreclosures most likely give you the right to many benefits. They are:
- Receive notice in the form of a breach letter before foreclosure.
- You can apply for loan mitigation.
- If you are in the military, you will get special protection.
- Get notified about the foreclosure and chance to respond legally.
- Pay off your debt to prevent a foreclosure sale.
- You can redeem the property after the sale.
- Get any excess money after a foreclosure sale.
Key Points About New Mexico Foreclosures
- Primary Security Instrument- Mortgage
- Judicial Foreclosure- Yes
- Non-Judicial Foreclosure- No
- Right of Redemption- Yes
- Timeline- Typically 120 days
- Deficiency Judgements Allowed- Yes
Ways to Stop Foreclosure in New Mexico
There are ways of stopping home foreclosures in New Mexico that you need to know. Let’s cover them all:
Yes, bankruptcy is a way through which foreclosure can be stopped. But you need to understand the concept of chapter 7 and chapter 13 of bankruptcy.
Chapter 13 bankruptcy in New Mexico: It is a common option to go for to stop foreclosure. According to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears. The lenders will be given orders to stop going forward with the foreclosure process. They will have to give you time to get back to your payment arrangements.
Chapter 7 bankruptcy in New Mexico: It is a liquidation form of bankruptcy. Unless you want the New Mexico bankruptcy trustee to sell your house, it may be a less common option to pursue. Even though it is the lower-cost bankruptcy option, you still may not want to opt for this option.
You need to understand what your payment plan is. Is your payment plan regarding chapter 13 bankruptcy worth pursuing? For instance: you have $150,000 in arrears on your house and your payment plan is for 5 years / 60 months. Will you be able to pay an additional $2,500 every month to cover your arrears?
Applying for Loan Modification
It has become difficult to fully pay off the mortgage payments. There are many reasons why you can miss out on payments or get late in paying the mortgage. Before this unwanted thing happens, you may go to your lender and find out if they consider a loan modification option.
Reinstating Your Loan
Do you have enough cash to pay off all the loan amount? Approach your lender with a cash offer for the New Mexico home. See if they accept the payment and permit you to continue paying your loan amount without any legal interference. Lenders only want to recover the loan amount and so they will accept your offer.
» Best Mortgage Lenders in New Mexico: Click to know about the best mortgage lenders in New Mexico.
Plan for Repayment
Great! You can make payments again after missing out on some payments. Find out what your lender thinks regarding your repayment plan. In the repayment plan, you are allowed to pay the missed payments slowly along with the current mortgage payments. You can come up with an agreement on the repayment plan to stop foreclosure. According to this, you agree to pay your missed payments along with the normal payments.
Refinancing may be a difficult option to consider. Interest rates are going up only making it difficult to think of loans. You can start with a new lender which means a whole new agreement. There may be one drawback. It might become difficult to qualify for refinancing if your credit score is negatively affected.
» How to Buy a House in New Mexico with Bad Credit: Click here to know how to buy a house with bad credit.
Sell Out Your Home
It’s really sad even to think of selling your house. But it is actually a good option to consider selling your home in New Mexico to avoid foreclosure. You may receive an amount more than the actual price of your home. Perhaps you could even go for buying a home in New Mexico worth more than the one you sold. You can stop something drastic from happening and your credit report will also not get spoilt.
A short sale means that you can sell your home for an amount that is less than the amount you owe. The reason behind this is that sometimes your home is sold for a lesser amount in the auction. The bank/lender is sometimes not able to recover the whole amount they are hoping for. Home staging companies in New Mexico can help you get more than the asking price.
Deed In Lieu of Foreclosure
A deed in lieu of foreclosure takes place when the homeowner transfers the property to the lender. The homeowner hand over the property to the lender, clearing all the debts they owe. The property is then owned by the lender. You have to vacate the property as soon as possible. This way you can easily save yourself from any damage.
Frequently Asked Questions
How long does it take to foreclose on a house in New Mexico?
Around 120 days:
A New Mexico foreclosure usually takes around 120 days to complete. If a borrower files for bankruptcy or seeks a delay of the foreclosure proceedings then the time may be extended beyond 120 days.
What is the foreclosure process in New Mexico?
New Mexico is a judicial foreclosure state, which means that, in order for a bank to foreclose on your home, the lender who owns your mortgage must file a lawsuit and get a foreclosure judgment. The first step in that process is filing a Complaint with the court.
How long does it take to close a real estate deal in Mexico?
Typical closing time from signing the contract to the actual transfer of title is a process of 4-6 weeks. If there are problems with the title or meets and bounds it may take longer. Usually, the Offer to Purchase contract provides for an automatic extension of 90 days to acquire proper documents if there is a problem.
What are closing costs in New Mexico?
In New Mexico, expect to pay about 2.78% of your home's sale price in closing costs — not including realtor fees. At the median home value of $297,808, this equates to around $8,292 at closing.
- How to Stop Foreclosure: Read the blog to know how you can stop foreclosure on your property.
- How to Avoid Foreclosure: Find out the ways by which you can avoid foreclosures so that you don’t have to face the foreclosure situation.
- Who Pays the Closing Costs in New Mexico: Read out the blog to know about the details regarding closing costs in New Mexico.
- Can You Sell a House As Is in New Mexico: Read the blog to know the details about selling a house as is in New Mexico.
- Sell My House Fast for Cash: Check out this blog to see how you can sell your house fast for cash.
- New Mexico Cash Home Buyers Reviews: Know about the companies that buy houses for cash in New Mexico.
- Mortgage Loan Preapproval: Click to know about the ways of applying for a mortgage loan.
- Average Cost to Build a Home in New Mexico: Go through the blog to know about the cost of building a house in New Mexico.
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