Rule 1-003.3.Commencement of residential foreclosure action; certification of pre-filing notice required; definition
Last amended December 31, 2025 · Last verified June 26, 2026
In one sentenceRule 1-003.3 requires a certification of pre-filing notice to be filed with any residential foreclosure complaint, and the clerk may not accept a complaint filed without it.
A.Commencement of action. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a residential foreclosure action. Notwithstanding the provisions of Rule 1-005(F) NMRA, the clerk shall not accept for filing any residential foreclosure complaint that is not submitted with the certification form required under this rule. This rule does not apply to lien foreclosures.
B.Definition. As used in this rule, “residential” means a property designed principally for occupancy by one to four families and that is occupied by the defendant as the defendant’s principal residence.
End
Rule History
[Approved by Supreme Court Order No. 21-8300-004, effective for all cases pending or filed on or after September 7, 2021; as amended by Supreme Court Order No. S-1-RCR-2025-00166, effective for all cases pending or filed on or after December 31, 2025.]
Plain-English Summary
This rule sets a gatekeeping step for home foreclosures. Anyone filing a residential foreclosure complaint must submit a certification of pre-filing notice on the Supreme Court–approved form (Form 4-227). Unlike the usual rule that the clerk accepts filings even when not in proper form, here the clerk must reject a residential foreclosure complaint that arrives without the certification. The rule does not reach lien foreclosures.
“Residential” is defined narrowly: property built mainly for one to four families that the defendant occupies as a principal residence. That keeps the requirement focused on owner-occupied homes.
Frequently Asked Questions
What must be filed with a residential foreclosure complaint?
A certification of pre-filing notice on the approved Form 4-227. Without it, the clerk will not accept the complaint for filing.
What counts as “residential” under this rule?
Property designed principally for one to four families that the defendant occupies as a principal residence. Lien foreclosures are not covered.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-003.3 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:residential foreclosure certificationforeclosure pre-filing noticecertification of pre-filing notice