New Mexico Wrongful Foreclosure & Bankruptcy


    Being tossed into the nightmare of foreclosure can be stressful. Trust Higgins Law to guide you through this process and help you stay in your home and protect your investment. We have helped hundreds of home and commercial property owners in New Mexico; let us help you.


    Whether it’s a result of the current health crisis, an issue left over from the financial collapse, or difficulty working with your lender, our office has helped thousands of New Mexico homeowners and commercial property owners save their property. Let us put our experience to work for you. With over a decade of foreclosure litigation experience, Attorney John Frank Higgins has fought on behalf of homeowners and commercial property owners at the Trial, Appellate, and Supreme Court levels. When it comes to negotiating a deal between homeowners, commercial property owners, and the bank, Attorney Higgins has extensive experience. As the foreclosure settlement facilitator to New Mexico’s Second Judicial District Court Foreclosure Settlement Program, Attorney Higgins mediated hundreds of disputes between homeowners, landowners, and the banks. Our office is equipped to handle any and every foreclosure situation imaginable, including but not limited to: mortgage forgiven, mortgage payment reduced, assistance with the sale of the property, or other relief. Call us today to discuss your specific situation.

    Whether the bank has refused to process your payments, you were instructed to stop making payments, your mortgage relief application was not processed correctly, or the bank has “lost your paperwork”, you aren’t alone. And if you find yourself in the same position as millions of Americans, with seemingly hopeless and overwhelming financial strain, unable to make full or partial payments towards your mortgage, our office can help put you on the path to success. It can be exceedingly stressful when you’ve attempted to proactively seek help, only to be provided with misleading information from a bank representative.

    These scenarios are playing out every day in wrongful foreclosure cases all across the country. You need a New Mexico foreclosure attorney to take the reins and take down the bank. It may feel like the end of road, but there may still be options. Not all options involve bankruptcy, not all options involve litigation. Attorney John F. Higgins has a long track record of helping homeowners and property owners  just like you, and his experience leads him to weigh the various options available given the specific facts of your case. We understand this process is overwhelming and frustrating, and it may be tempting to hold off on dealing with your foreclosure issue until things get better, but do yourself a favor and put yourself in the best situation possible, call 505-944-5400 today. 

    What can you expect throughout the Foreclosure Process?

    Most people just want to know what they can expect with a New Mexico foreclosure, what the  New Mexico foreclosure timeline is, and what they can do to prevent a foreclosure in New Mexico. What generally happens is that the lender will file an action or complaint for foreclosure and have you served. If you are facing foreclosure in Albuquerque or Santa Fe the court will likely refer the matter to a settlement facilitation program. This is the best time to get an attorney to help you get the best outcome. Depending on the facts of your case, we can determine if it’s better to move forward with the lawsuit or not. 

    It is always scary for the homeowner, who has often already had the run around from their loan servicer and bank. Some people are offered loan modifications, forced to submit and resubmit paperwork– just to be denied for reasons that they cannot understand. This can be scary and frustrating because the homeowner has oftentimes submitted all of the paperwork they have been told to submit, but then later told that somehow the submitted paperwork was incomplete. It seems like there are no good answers from lenders, loan servicers, or banks about the foreclosure process and where to get help with a New Mexico foreclosure. It’s not hard to understand why you, as a New Mexico homeowner facing foreclosure, may be reluctant to trust anyone in the foreclosure process. It isn’t your imagination—it is difficult to find anyone that is willing to help with New Mexico Foreclosures. As the foreclosure process in New Mexico may seem confusing, I wanted to give some very basic information on what the homeowner can expect.

    The judicial foreclosure process is similar to other types of lawsuits in New Mexico. You are sued for foreclosure law suit and the bank will ultimately seek an eviction. It is best to try to stop or prevent a foreclosure in New Mexico. Foreclosure in New Mexico is usually started when the lender, loan servicer, the bank, or their Attorney, writes the homeowner a letter alleging that the homeowner is late on payment or “in default.” Often the next step is that a lawsuit is filed. Depending on where the lawsuit is filed, the court may put a stay on the proceedings to see if the parties can work it out.

    PLEASE BE ADVISED- the bank hires a lot of qualified lawyers, most of which have years of experience. They are hired to make sure the foreclosure process goes through. Oftentimes the bank or servicer’s lawyers do not know the entire battered history you may have as a homeowner, and facing the Court system alone is not the best way to approach these problems. There is a time and place to air these concerns; you just have to know when and where it is appropriate.

    The foreclosure lawyers represent the loan servicer or foreclosing bank – i.e., Bank of America, US Bank Trust, New York Bank of Mellon, Ocwen, Idaho Housing Authority, Creit Unions, Wells Fargo, ASC, MERS (MERS is an issue in and of itself), Indymac Bank, Countrywide, America’s Wholesale Lender, Green Tree, Nationstar, New Century, and JP Morgan Chase (just to name a few).

    If you are having trouble foreclosure in New Mexico, issues with your servicer or bank, difficulty or inability to receive a loan modification or reinstatement, you need to know your rights or have your paperwork reviewed to see if you are potentially a victim of a fraudulent foreclosure in New Mexico. If you have other questions concerning New Mexico foreclosure prevention, New Mexico foreclosure procedure, or New Mexico foreclosure postponement.

    Please email me at or call 505-944-5400.


    Bankruptcy in New Mexico

    We emphasize helping you through bankruptcy

    Let’s Get Started: Our Firm Will Help You File Bankruptcy, A Prudent Step Towards Rebuilding Your Life

    If you are having trouble paying debts, or seem to be making no progress against your debts, you should consider filing for bankruptcy.

    If you live anywhere in the State of New Mexico, we can file a New Mexico bankruptcy case for you.

    Every day we answer many questions for people who are being pursued by creditors and taxing authorities. The creditors and taxing authorities will not stop until you take meaningful action to address your debts. If you file for bankruptcy, you will not only stop creditors and taxing authorities, you may free up income so that you can begin to payoff your mortgage, save for retirement, or provide an education for your children or grandchildren. Let our professionalism and experience work for you to help you make a positive impact on your life.

    During Your Free Bankruptcy Consultation, You May Have Questions Like the Following:

    • What is Bankruptcy?
    • How will Bankruptcy affect my future? When will the creditors stop calling?
    • What should I expect, and how should I prepare?
    • What is the timeline for a typical Bankruptcy plan?
    • What about Mortgage Modifications, Debt Consolidation Plans, and Credit Repair Programs? Do they work?

    We will address these questions and any others you may have, and describe the bankruptcy process for you.

    We look forward to helping you with your legal needs