New Mexico Wrongful Foreclosure & Bankruptcy

Being tossed into the nightmare of foreclosure can be stressful. Trust John Frank Higgins to guide you through this process and help you stay in your home and protect your investment. Mr. Higgins has helped numerous homeowners in New Mexico; let him help you.


We’ve seen several reports recently about big banks making tremendous mistakes when processing foreclosures on innocent mortgage holders. Maybe you have been completely on-time with your payments and the foreclosure is a result of the bank failing and refusing to process your payments. The bank may have instructed you to stop making payments. Perhaps you fell behind on payments and the bank failed to process a mortgage relief program application correctly. Even scarier are the instances where you attempted to proactively seek help and were given misleading information from a bank representative.

These scenarios are playing out every day in wrongful foreclosure cases all across New Mexico and the country. Although these can be incredibly stressful situations and you may feel like you lack the energy to take on the big banks, turn to John Frank Higgins and his long track record of helping homeowners just like you.

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. 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, 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 with any of the following: 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