4-229. Order on Homeowner Assistance Fund stay.
STATE OF NEW MEXICO
COUNTY OF __________________________
____________ JUDICIAL DISTRICT COURT
___________________________, Plaintiff, |
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v. |
No._______________________ |
___________________________, Defendant. |
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ORDER ON MOTION FOR HOMEOWNER ASSISTANCE FUND STAY1
THIS MATTER came before the court on Defendant’s motion to stay this case while Defendant applies for financial assistance from the New Mexico Homeowner Assistance Fund (HAF) program. The court, having considered the motion and being sufficiently advised, orders as follows:
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The motion is well taken and is GRANTED. This case is stayed, that is, put on hold, for ninety (90) days from the date of entry of this Order, so that Defendant may seek financial assistance from the HAF program. Plaintiff cannot proceed with litigation, evict, or remove Defendant from the residence while the stay is in place. Further, all deadlines for filing answers, motions, or other pleadings in this case are stayed. The stay of litigation does not prevent referral to and participation in any court-ordered mediation or settlement facilitation. In the absence of any earlier notice of a decision on the HAF application, Plaintiff shall notify the court upon the expiration of the ninety (90)-day stay. |
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The motion is not well taken and is DENIED. The parties may proceed with foreclosure litigation. |
________________________ |
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Date |
Judge |
USE NOTES
1. This form shall expire and be withdrawn on September 30, 2025, or upon notification to the Supreme Court of exhaustion of the New Mexico Homeowner Assistance Fund (HAF) program funds, whichever is earlier.
[Adopted by Supreme Court Order No. 22-8300-010, effective for all cases pending or filed on or after May 23, 2022.]