From time to time, other attorneys guest post here. Today begins a series by foreclosure defense attorney N. Ana Garner, who represents homeowners in the Santa Fe and Albuquerque areas.


N. Ana Garner, Esq.

Have you missed a mortgage payment? Here’s a guide about what you can expect.  This article is designed to demystify the foreclosure process in New Mexico and discuss the timing  that is usually involved.

We all know the economy is tanking, following the housing bubble and subsequent crash of property values.   The downward spiraling of our economy is directly traceable  to the culture of legislated greed in banking and mortgage industry.  The biggest recurring payments most families make is the mortgage on their home. With real estate prices plunging, especially when the mortgage balance is more than the value,  paying good money after bad doesn’t seem fiscally wise.

 New Mexico is a judicial foreclosure state, which means that after you have missed many payments, the bank , or someone claiming to having the legal right to foreclose, will file a foreclosure suit in the state district court in which your home is located. Depending on the bank, and the type of loan (whether  insured by FHA, or conventional) suit  could be filed from 4-12 months after  your last payment.

 Know that even after missing payments, you have options. One of those is staying in your home, taking care of it, and preparing for a later orderly departure.  I DO NOT recommend slinking away from your home in shame, abandoning it to become another blighted home in your neighborhood. This brings down values of homes for your neighbors and town. You and your family have to live somewhere.

If you love your home and neighborhood, as well as the schools, you can stay in the home sometimes for years.  Contrary to myth and rumor, you will NOT get evicted suddenly without warning, locked out of your house by the sheriff, and thrown out onto the streets.  This will happen only if you ignore the complaint and summons you were given by a process server.  Don’t let the time go by for filing your answer, even if you are in negotiations with the bank. By having an attorney, you WILL get plenty of advance warning before having to move your family from the home.  The banks operate differently when you are represented.

 Ana Garner, Attorney at Law, represents only homeowners in the Santa Fe and Albuquerque areas.  She has 30 years of litigation experience in N.M. courts. Her mission is to protect the integrity of the judicial process in foreclosure actions and expose the fraud being perpetrated on the courts and citizens.  Her contact information is garnerlaw@yahoo.com; telephone 505 474-5300. She will review foreclosure lawsuit documents at no charge if they are scanned and e-mailed to her with the subject line, Free Review of Foreclosure docs.

Ms. Garner’s guest post continues tomorrow …

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