Rule 1-054.2.Judgments in residential foreclosure actions; certification concerning the absence of loss mitigation negotiations required; definition
Last amended December 31, 2025 · Last verified June 26, 2026
In one sentenceRule 1-054.2 requires a plaintiff, before a residential foreclosure judgment is entered, to file a certification about the absence of loss-mitigation negotiations with the borrower.
A.Certification for judgment. As a precondition to the entry of judgment of residential foreclosure by the district court, the plaintiff shall file a certification, substantially in the form approved by the Supreme Court as Form 4-712 NMRA, concerning the absence of loss mitigation negotiations with the borrower. 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. 22-8300-010, effective for all cases pending or filed on or after May 23, 2022; 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 adds a precondition to home-foreclosure judgments. Before the district court enters a judgment of residential foreclosure, the plaintiff must file a certification on the Supreme Court–approved form (Form 4-712) concerning the absence of loss-mitigation negotiations with the borrower. The requirement does not reach lien foreclosures.
As in the related commencement rule, “residential” is defined narrowly: property built mainly for one to four families that the defendant occupies as a principal residence.
Frequently Asked Questions
What must be filed before a residential foreclosure judgment?
A certification on the approved Form 4-712 concerning the absence of loss-mitigation negotiations with the borrower. It is a precondition to entry of judgment and does not apply to lien foreclosures.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-054.2 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 judgmentloss mitigation certificationforeclosure judgment certification