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New Mexico Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Mexico on
Q: I have a standard real estate contract. If I had to file bankruptcy Would it protect my property from foreclosure ?
Anthony M. Avery
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answered on May 3, 2023

If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the... View More

1 Answer | Asked in Foreclosure for New Mexico on
Q: Notary agent absent during signing of both parties so is the documents even valid ot legal?

Deceased left his home through his Will with a reverse mortgage that ended up going thru a foreclosure sale just recently, what can I do to keep my home & change the title into my name?

John Michael Frick
John Michael Frick
answered on Mar 29, 2023

The absence of a notary public’s signature does not necessarily invalidate a written instrument.

The purpose of having a notary public witness a party’s signature is to eliminate the necessity of further evidence proving who signed the instrument.

If the notary’s signature is...
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1 Answer | Asked in Foreclosure for New Mexico on
Q: I unexpectedly inherited a large sum of cash and want to buy out the remaining balance on my home.

Can I do that even if foreclosure proceedings have begun?

Arun Arjan Melwani
Arun Arjan Melwani
answered on Nov 16, 2018

Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.

1 Answer | Asked in Foreclosure for New Mexico on
Q: If I go into bankruptcy, does that stay a foreclosure?
Arun Arjan Melwani
Arun Arjan Melwani
answered on May 4, 2018

Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant... View More

2 Answers | Asked in Bankruptcy, Foreclosure and Small Claims for New Mexico on
Q: I lost my job but my spouse still works, we are now with o money, and going into foreclosure, can I file for bankruptcy

We are being service by lawyers for credit card debt, and other items we owe,

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 28, 2017

A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.

Information provided for informational purposes only and should not be taken as legal advice.

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