Below are many of the common court documents (also known as pro se forms) that you may need to file in a foreclosure case in state district court. If you are not a defendant in a foreclosure case in state district court then these forms do not apply to you. However, even if you are a defendant in a foreclosure case in state district court everyone’s case is different and nothing on this page constitutes legal advice.
It is strongly recommended that you consult with a licensed New Mexico attorney who is familiar with foreclosure defense for advice about the facts of your specific case and which if any of the forms below are appropriate for your use.
If you have been served with a Summons and Complaint for foreclosure, you should file an Answer within 30 days of when you are served or as soon as possible thereafter. Please find below a pro se Answer form and instructions. See below for an Answer with counterclaims.
Pro Se Answer - no counterclaims.doc
Answer With Counterclaims
If you want to file an affirmative claim against the Plaintiff bank along with your answer, you may use the following form. If you file a counterclaim, you will have the burden of proving your claim to the judge. You may want to review this form to help you determine whether you may have a counterclaim in your case.
A Judge Excusal form can be filed (within 10 days of filing your Answer), if you would like a different Judge on your case. Please find below an excusal form with instructions.
Request for Hearing
If you file a Motion with the Court, then you must also file a Request for Hearing at the same time that you file your Motion. This form lets the Court know that you would like for a hearing to be scheduled in your case so that the Judge will make a decision on your Motion.
Notice of Completion of Briefing:
If you have filed a motion with the Court, then the other party the Plaintiff has 15 days, plus 3 days for mailing to file a Response, then the original party who filed the Motion has 15 days, plus 3 for mailing to file a Reply. After the Reply is filed the motioning party also needs to file a Notice of Completion of Briefing. After the briefing on the Motion is complete, you need to file your Notice of Completion of Briefing form. Once the Notice has been filed you need to send to the Judge your Motion, Request for Hearing, Plaintiff’s Response, your Reply, Notice of Completion of Briefing, and a blank Notice of Hearing form. These documents can all be send by email to the Judge. The court’s website has all the Judge’s email addresses for sending proposed documents.
Notice of Hearing
The blank Notice of Hearing form is only submitted to the Judge’s office if you file a Motion with the Court and briefing of the motion has been completed. You should never file the Notice of Hearing. If you file a Motion with the Court, the Plaintiff has 18 days to file a written Response to your Motion. If the Plaintiff files a Response, then you have 18 days to file a written Reply to the Plaintiff’s Response. After the briefing on the Motion is complete, you need to send to the Judge your Motion, Request for Hearing, Plaintiff’s Response, your Reply, Notice of Completion of Briefing, and a Notice of Hearing form. The Judge’s office will fill out the Notice of Hearing with the date, time, length, and place of the hearing on your Motion and will file it with the Court.
Changing your Answer
If you have already filed an Answer but you want to change it you can file an Amended Answer. If its been less than 20 days since you mailed your original Answer to the Plaintiff's attorney you can just fill out the Amended Answer form below and file it with the court. If it’s been more than 20 days since you mailed your original Answer to the Plaintiff's attorney but now you would like to change it you need to get permission in writing from the attorney for Plaintiff or if that does not work from the Judge by filing a Motion for Leave to Amend Answer, along with a copy of your new Answer attached to the motion. Please find below a pro se Amended Answer and a Motion for Leave to Amend Answer with instructions. If you do need to file the Motion you will also need to file a Request for Hearing.
Discovery is a process in a lawsuit where the Plaintiff may ask for information from you and you may ask for information from them related to the case. If you receive discovery requests (also called Interrogatories, Requests for Production or Requests for Admissions) along with your responses to the questions you should include a verification page and you will need to file a Certificate of Service with the court. Please find below a verification page and a Certificate of Service.
Response to Motion for Summary Judgement
If the Plaintiff in the foreclosure case files a Motion for Summary Judgment in you have 15 days (plus 3 days for mailing) to respond to the Motion in writing by filing a Response with the court. To respond to a summary judgment motion you will need to write down facts in your Response which dispute the Plaintiff claims about its right to foreclose on the property. In addition to a Response, in most situations you should file an Affidavit which presents your facts that dispute the Plaintiff's right to foreclose. Please find below a Response to Motion for Summary Judgment and an Affidavit form.
Defendant’s Objections to Report of Special Master
If your property sold at a foreclosure auction, and you have reason to believe that the sale price at auction was very low compared to the current market value of the property, then you have the option of filing written Objections to the Special Master’s Report. You have 10 days after being served with the Notice of Filing of the Special Master Report to file your Objections with the Court.
Reply to a Response to a Motion
If you have filed any type of Motion in the case the other party will have 15 to 18 days to file a written Response with the court. Then you are allowed to file a written document called a Reply within 15 days of being served (add 3 more days if it was served by mail) which responds to the other party's Response. Please find a form Reply below.