Legal Question in Real Estate Law in New Mexico

The question is, do you have a defense? Or do you need an adjustment?

One question: is the present mortgagee the original mortgagee? Or did you, for example, borrow the money from Countrywide, and now have to deal with the %^^#^& people at Bank of America. In that case, you probably have a defense that you're not even aware of: BoA almost certainly doesn't have the original promissory note. This means that they are not entitled to foreclose.

You need to serve an answer to the complaint. Now I am a New Mexico attorney, but I currently work in New York City. I can help you to prepare documents, and if we can boil this down to one hearing, I will be able to come to NM for a hearing (I just have to find a different reason so you don't have to pay for a plane ticket.)

The most important thing is to plead an affirmative defense that "Upon information and belief, the plaintiff lacks standing to maintain this foreclosure action because it is not the owner and holder of the promissory note." In order to overcome that defense, the bank has to produce the original promissory note. Countrywide was very sloppy about keeping track of the notes. Lots of other mortgage originators are equally sloppy.