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Before you do anything else, you need to check with District Court to find out when the law suit was first filed by your lender and what the latest court action is. Click here to go to NMCourts.com. CAUTION: The information you find about your case could be inaccurate. Use this information as a guideline only. Please read the disclaimer on this website before you accept. The webmaster does not guarantee the accuracy, timeliness or completeness of your record. Timeliness is the most important factor regarding your case. Everything else is secondary. Depending on when the first notice of default was entered into your court record and the present time will give you an indication of how much time you have left before the judge orders appointment of a Special Master of the court to fullfil the right of your lender to auction off your home if you do not resolve the foreclosure satisfactorily before that time. INSTRUCTIONS TO LOOK UP YOUR CASE 1. When you are at NMCourts.com home page read the conditions then select that you accept and understand the conditions of the case lookup disclaimer to use their website. 2. Click the on Case Number Search Tab. 3. Enter D for District Court, 202 for Bernalillo County District Court, CV for Civil Court, then enter your case number. Your case number includes the year and a case number. You can find the case number on the Certificate of Arbitration that was delivered to your door. Note: Do not hyphenate between the date and your number. 4. Click on the Case Number Search. If you can't find it there look up your case on the Albuquerque Journal Legals http://legals.abqjournal.com/index_html/search. Just type in your last name and first name and the database will bring up your case info. WHAT DOES IT SAY? You'll see who the bank is, the case number, the name of the judge, the date the suit was filed and the name of the court. Below you will see who the parties to the case are; the plaintiff, defendant (you), and other defendants probably junior lien holders which could include the the New Mexico Taxtation and Revenue Department and attorney names. Under details you'll find the civil complaint detail. Below that is the register of actions detail. Find the date when the certificate of arbitration was filed. It will indicate the filing fee paid by the lender since he/she is initiating the law suit. Now count off 120 days, subtract days that have already elapsed from the date of delivery of your notice of default into the future. If today's date is early in the process you have enough time to make smart decisions. If not and 120 days has elapsed since this filing and you want to save yourself the trouble of dealing with the foreclosure court proceding you have to act swiftly; Sell at a discount, find a hard money loan, etc. Make this a priority or you could lose everything. Now look for the plaintiff's name. If you thought it was a local bank that prepared your closing documents and it shows a different lender your note was sold to a third party lender probably a large lender like Countrywide or Suntrust Mortgage or heck just about any big bank doing business in the US that is registered through the State of New Mexico. They could do business outside of the state even from a state that does not service mortgages in New Mexico. You can also look up your record on the County Recorder's website at http://eagleweb.bernco.gov:8080/recorder/web/ but if you want to find out all of the details about your case, you will have to take a trip to the County Courthouse downtown. The address is One Civic Plaza, 6th floor, Room 6029, in Albuquerque. Their phone number is (505) 468-1290. Make sure you take enough money for parking. You could also pay an attorney to do this for you and give you legal advice about your options but of course, for a fee.
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© Ken Armijo |
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