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					First Judicial District Court
State of New Mexico
Counties of Los Alamos, Rio Arriba, and Santa Fe

                                                   No. D-0101-CV-___________

      IN THE MATTER OF A FORECLOSURE MEDIATION ADR OPTION

                   ADMINISTRATIVE ORDER No. 2009-__

       The District Judges of the First Judicial District Court hereby adopt the following
order authorizing the establishment of a Foreclosure Mediation option in the Court’s
Alternative Dispute Resolution Program Pilot Project.


       This Administrative Order may be modified by a majority of judges in a monthly
judges meeting, as recorded in the meeting minutes without a need for another
Administrative Order.


       The foregoing order shall become effective on ___________, 2009.


____________________________ ______________________________
Stephen Pfeffer, Chief Judge, Div. VI Barbara J. Vigil, District Judge, Div. I

________________________________ ___________________________________
James A. Hall, District Judge, Div. II Raymond Z. Ortiz, District Judge, Div. III

________________________________              ___________________________________
Michael E. Vigil, District Judge, Div. IV     Sheri A. Raphaelson, District Judge, Div. V


_________________________________
Daniel A. Sanchez, District Judge, Div. VII
                FORECLOSURE MEDIATION OPTION of the
             ALTERNATIVE DISPUTE RESOLUTION PROGRAM
1.     Purpose. The purpose of this Administrative Order is to authorize and
systematize the mediation of home mortgage foreclosure cases in a timely and cost
efficient manner in order to minimize case processing time, save costs and expense for
the parties, and assist the parties in working out new mortgage terms where possible or
other agreements mutually acceptable to both parties.


2.     Administration. This program shall be administered by the Court Constituent
Services Director, as part of the Alternative Dispute Resolution Program Pilot Project
and following the procedures thereof. The court may appoint standing or ad hoc
committees of judges, lawyers and others to provide guidance and assistance.
       A)     Foreclosure mediators shall be settlement facilitators on the ADR Program
list who have completed subject matter training approved by the Court or who have
prior experience representing clients in foreclosure actions.


3.     Application. This order applies to mortgage foreclosure actions involving one
to four unit residences in which the owner occupies at least one unit (“owner-occupied
residence”), which actions are properly before the First Judicial District Court. Nothing
in this order prevents parties to any other foreclosure action from availing themselves
of this program.


4.     Notice required. The plaintiff in any mortgage foreclosure action brought
against the owner of an owner-occupied residence must notify the defendant
homeowner(s) of the availability of the foreclosure mediation program by serving a
copy of the attached Notice with the Complaint and Summons in the case.
       (A)    The plaintiff must also designate a person who has the authority to
negotiate settlement of the case, and provide complete, current contact information for
that person including mailing address, direct telephone number, fax number, and email
address and shall make such person available to the defendant for telephonic or in-
person negotiations.
5.    Procedure. All procedures described in the Administrative Order authorizing
the Alternative Dispute Resolution Program Pilot Project shall apply to foreclosure
mediation, except as such procedures may be modified herein.
      (A) Either party may file a Request for Referral to Foreclosure Mediation using
the form available from the court. A copy of the filed Request must be provided to the
court’s ADR Program.
      (B) A mediator who is an attorney on the court’s list of qualified foreclosure
mediators shall be appointed, and an Order of Referral to Foreclosure Mediation shall be
entered.
      (C) The parties shall consult with the mediator to schedule a mediation session,
which mediation session shall be convened not later than 30 days after entry of the
Referral Order.
      (D) Each party shall complete the appropriate information response and provide
it to the mediator and the other party not later than 10 working days before the
scheduled date of the mediation. The information responses shall NOT be filed.
      (E) Parties who do not reside or maintain a business presence in New Mexico
may attend the mediation session telephonically.


6. Preparation. The parties and their counsel, if any, shall be prepared to negotiate in
a mutual effort to reach a fair and reasonable settlement.
      (A) The plaintiff shall provide (1) electronic copies of the note and any and all
subsequent assignments proving a clear chain of title to the subject note and mortgage;
(2) a listing of all payments made under the note; and (3) a reinstatement amount if
applicable, to the defendant homeowner(s) and the mediator not less than 10 working
days before the scheduled date of the mediation.
      (B) The defendant homeowner(s) shall consult with Consumer Credit Counseling
Services or another HUD-certified housing counselor not less than 10 working days
before the scheduled date of the mediation.


7. Attendance. The plaintiff or its representative or agent with settlement authority
and the defendant homeowner(s) shall attend every scheduled mediation session.
Either or both parties may be accompanied by attorneys or housing counselors.
8. Sanctions. Violation of this Administrative Order or the referral Order, including but
not limited to failure to provide the required information and failure to schedule and
attend a scheduled mediation session, may result in imposition of sanctions, including
but not limited to denial of remedies both equitable and/or legal, monetary penalties,
assessment of costs, preclusion of evidence, dismissal, or default. Lack of settlement
authority is not a defense to the imposition of sanctions for failure to negotiate.
                  DRAFT                What can you do when you receive a
                                       FORECLOSURE notice?


                                      GET HELP RIGHT AWAY.
Consumer Credit Counseling Services is the only HUD-certified housing counselor in the First Judicial District
(Santa Fe, Rio Arriba, and Los Alamos Counties). It offers FREE help by calling 505-984-8707 (in Santa Fe) or 1-
886-331-2227 (statewide).

The New Mexico Mortgage Finance Authority offers FREE help statewide through HUD-certified housing
counselors based in Albuquerque. Call The United South Broadway Corp. 505-764-8867 OR Ser de New
Mexico 505-268-4500.


The State Bar of New Mexico offers referrals to volunteer attorneys. Call …


The New Mexico Attorney General’s Consumer Protection Division investigates suspicious mortgage lending practices
such as foreclosure scams, deceptive lending practices and predatory mortgage loans and may engage in litigation on behalf
of the public to enforce the Unfair Practices Act. Call 1-800-678-1508 or 505-827-6000.


Call the Homeowner’s Hope hotline, 1-888-995HOPE (4673), or go to www.995HOPE.org for FREE 24-hour
mortgage counseling in several languages (an FHA program).

The federal government may be able to help through its Making HOME Affordable program. Go to
www.makinghomeaffordable.gov for more info.

Beware of Foreclosure Rescue Scams - Help Is Free!
(from www.makinghomeaffordable.gov)
             There is NEVER A FEE to get assistance or information about Making Home Affordable from your lender or
              a HUD-approved housing counselor.
             BEWARE of ANY person or organization that asks you to pay a fee in exchange for housing counseling
              services or modification of a delinquent loan. DO NOT PAY – WALK AWAY!
             BEWARE- of ANYONE who says they can “save” your home if you sign or transfer over the deed to your
              house. Do not sign over the deed to your property to any organization or individual unless you are
              working directly with your mortgage company to forgive your debt.
             NEVER make your mortgage payments to anyone other than your mortgage company without their
              approval.


You can also file a Request for Mortgage Foreclosure Mediation to ask the Court to assign a mediator to help you
and the lender work out an agreement. Get a Request form at the Court’s Self Help Center or at
www.firstdistrictcourt.com (Forms, or Court Programs/Alternative Dispute Resolution). To avoid having a default
judgment entered against you, you MUST file your written Answer or Motion for Extension of Time to Answer or Otherwise
Plead with the Court AND serve your written Answer upon the Plaintiff or the Plaintiff’s attorney even if you want to request
referral to foreclosure mediation.


                             DON’T IGNORE IT – GET HELP TODAY.
CAUTION: This Notice is not intended as legal advice, and does not substitute for seeking independent
legal or other professional advice as to the handling of this lawsuit, or related legal or financial matters.
FIRST JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
COUNTY OF ____

CASE NO. ___


__,
       Plaintiff

vs.

__,
       Defendant.


                          PLAINTIFF’S REQUEST FOR REFERRAL TO
                             FORECLOSURE MEDIATION


       COMES NOW ______________________, Plaintiff in this case, and requests that
this case be referred to foreclosure mediation.

        This case is assigned to Judge ________________________________. It was
filed on _____________________.

       The names, addresses and telephone numbers of all counsel or parties pro se
entitled to participate are:

Plaintiff or Attorney for the Plaintiff


Defendant or Attorney for the Defendant



                                          Submitted by:



                                          ________________________________
                                          Signature
                                          Name:
                                          Address:
                                          Telephone:
                               CERTIFICATE OF SERVICE

       I hereby certify that a true and correct copy of the foregoing Request for
Referral to Foreclosure Mediation was mailed via first class mail, postage prepaid, to all
parties of record listed above on this ______ day of _____________, 200__.


                                          ________________________________
FIRST JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
COUNTY OF ____

CASE NO. ___


__,
       Plaintiff
vs.

__,
       Defendant.


         DEFENDANT / HOMEOWNER’S MOTION FOR EXTENSION OF TIME TO
                              ANSWER
                                 and
           REQUEST FOR REFERRAL TO FORECLOSURE MEDIATION


       COMES NOW ______________________, Defendant(s)/Homeowner(s) in this
case, and requests that he/they be given an extension of time for 30 days (or
as otherwise determined appropriate by the court) from
_____________________, the date I received service of the Complaint, to
answer, move, plead or otherwise respond to this Complaint.
       Further, Defendant/Homeowner requests that this case be referred to foreclosure
mediation.


       This case is assigned to Judge ________________________________. It was
filed on _____________________.


       The names, addresses and telephone numbers of all counsel or parties pro se
entitled to participate are:


Plaintiff or Attorney for the Plaintiff


Defendant or Attorney for the Defendant
                                                 Submitted by:



                                                 ________________________________
                                                 Signature
                                                 Name:
                                                 Address:


                                                 Telephone:



                                     CERTIFICATE OF SERVICE

       On _______________(Date Mailed), a copy of this Motion for Extension of Time to
Answer and Request for Referral to Foreclosure Mediation was sent by mail to all parties of the case:

_____________________________ at _______________________________________________
(Name of Attorney for the Plaintiff) (Address of Attorney for the Plaintiff)

_____________________________ at _______________________________________________
(Other party if listed above – Name) (Address of the other party)

_____________________________ at _______________________________________________
(Other party if listed above – Name) (Address of the other party)

on this ________ day of _________________, 20__. Other
         (date)               (month)
                                      _______________________________________
                                      DEFENDANT/HOMEOWNER’S SIGNATURE
                        DO NOT FILE
ALL of the following information must be provided to the assigned Mediator
and to the Defendant Homeowner not later than 10 working days before the
mediation session.

CASE NO. _________________________________________________________
______________________________ vs. ________________________________
File date _______________________________
Assigned to Judge _______________________


                  PLAINTIFF’S INFORMATION RESPONSE

A.     Please provide the following documents:
       (1)     an electronic copy of the note and mortgage;
       (2)     any and all subsequent assignments proving a clear chain of
               title to the subject note;
       (3)     a copy of the Truth in Lending document provided to the
               Borrower(s);
       (4)     a copy of the Settlement Statement;
       (5)     copies of all notices required under the note and mortgage.
If the original note and mortgage has not been filed with the
Complaint, it MUST be brought to the mediation session.

B.    Please provide the full name, mailing address, email address, direct
telephone number, and fax number of a person with settlement authority
who will attend the mediation session (attendance by telephone is allowed if
that person does not reside or maintain a business presence in New Mexico).

C.   Information about the loan
1. $_________ What was the original balance of the loan?

2. $_________ What is the current balance of the loan?

3. $_________ How much was the down payment?

4. ___________ What is the current interest rate on this loan?
               Is it circle one Fixed Adjustable
    __________ If it is Adjustable, what was the original rate?
    __________ What was the first rate change date?
               Was there an actual change of the rate at any time ?
               Yes No
   __________ How often is the rate change date occurring?
   $_________ What is the maximum monthly payment over the course of
               the term of the note and mortgage?
5. $               What is the current amount of the monthly payment to
                  the lender who is foreclosing?

6. $               If property tax and property insurance are not included in
                  the payment to that lender, what is the amount of the
                  monthly property taxes and insurance?

7. $               Total monthly mortgage, property tax, and property
                  insurance, homeowner association fees if any, for this
                  loan.

8.           ___ How many payments has the borrower missed?


9. $__________ What is your estimate of the current value of this property?

10. $_________ Reinstatement amount, if applicable

11. A list of all payments made under the note, showing amount, date due
    and date received.



D.   Under appropriate circumstances, which of the following
workout options will the lender consider:

  YES NO
1. ___ ___ A plan to catch up on delinquent payments.

2. ___ ___ Accepting a deed in lieu of foreclosure.
                  With deficiency judgment
                  Without deficiency judgment


3. ___ ___ Accepting a lower payment or interest only payment for some
           period of time.

4. ___ ___ Reducing the principal amount and adjusting payment amount
           accordingly.

5. ___ ___ Reducing the interest rate and adjusting the payment amount
           accordingly.

6. ___ ___ Waiving late fees or penalties.

7. ___ ___ Allowing borrower to rent and remain in the property after
          foreclosure or deed in lieu of foreclosure.

8. ___ ___ Accepting less than the full amount due in a "short sale."
9. ___ ___ A loan modification that would change an adjustable interest rate
           to a fixed interest rate.

10. __ ___ A loan modification that would allow a longer term for repayment
           of the loan.

11. Any other accommodation, please describe.
________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_________________________________________
                        DO NOT FILE
ALL of the following information must be provided to the assigned mediator
and to the Plaintiff not later than 10 working days before the mediation
session.

CASE NO. _________________________________________________________
______________________________ vs. ________________________________
File date __________________________
Assigned to Judge __________________

      DEFENDANT HOMEOWNER’S INFORMATION RESPONSE

1.    yes    no    Have you filed an Answer or a Request for Extension of
                  Time to Answer?

2.    yes    no Is this property your only residence?

3.    yes    no Are you currently living in this property?

4.    yes    no Are you interested in trying to remain in this property?

5.    yes    no  If you are not interested in trying to remain, are you
                interested in discussing with your lender options other
                than defaulting on the mortgage?
      yes    no Have you or are you willing to list the property for sale?

6.    yes    no Are you and/or your spouse presently employed?
                If yes, how long have you and/or your spouse been
                employed by your current employer(s)?
                You:       ________ Spouse        __________
                If no, how long have you and/or your spouse been
                unemployed?
                You: ______________ Spouse ________________

7.    yes    no Are you in the process of filing bankruptcy or thinking
                about filing bankruptcy?

8.    yes    no Have you filed or do you plan to file for divorce?


9.    yes    no Have you signed any documents or agreements regarding
                your mortgage? If yes, please attach them.
                Documents/Agreements Attached circle one Yes No

10.   yes    no Is or will this property be subject to an estate action in
                Probate Court? If yes, identify the jurisdiction, case name
                  and number:


11.   yes    no Do other mortgages or liens exist on this property?
                Examples of other mortgages and liens are home equity loans, tax
                liens, child support liens, judgments from lawsuits. List them
                below:
Who is owed?                      How much?              Past due? Y/N
__________________________ ________________ ___________
__________________________ ________________ ___________
__________________________ ________________ ___________
__________________________ ________________ ___________

12. Check all items that have made you miss your mortgage payments:

____ Injury or illness

____ Unemployment:       ___Your own ____ Your spouse’s

____ The payment increased because of an Adjustable Rate Mortgage
     (“ARM”,a mortgage loan where the interest rate changes periodically
     throughout the course of the loan)

____ Balloon Payment: any repayment option under which the borrower is
     required to pay the entire amount of the outstanding balance of the
     loan as of a specified date or the end of a specified period

____ My expenses are more than my income;

____ Other (please describe):

      ___________________________________________________

13.   yes     no Have you received financial counseling? If yes, provide
                 details:
                       _____                   _____
                       __________________________________________
                 _____________________________________

14. $_________ What was the original balance of the loan?

15. $_________ What is the current balance of the loan?

16.   $________ How much was your down payment?       Did you borrow
               money for the down payment? Yes No
               If yes, from who? ___________________________

17. ___________ What is the current interest rate on this loan?
                   Is it circle one Fixed Adjustable
      __________   If it is Adjustable, what was the original rate?
      __________   What was the first rate change date?
                   Was there an actual change of the rate at any time ?
                   Yes No
  __________       How often is the rate change date occurring?
  $_________       What is the maximum monthly payment over the course of
                   the term of the note and mortgage?

18. $               What is the amount of your monthly payment to the
                   lender who is foreclosing?

19. $               If your property tax and property insurance are not
                   included in the payment to that lender, what is the amount
                   of your monthly property taxes and insurance?

20. $               Total monthly payment(s) (mortgage, property tax, and
                   property insurance, homeowner association fees if any),
                   for this property.

21.                 How many payments have you missed?

22. __________ How many payments remain before the loan is paid off?

23. Is this loan insured by a government agency (for example, FHA, VA,
Fannie   Mae,    Freddie  Mac,   RHS)?      You   can    find  out  at
www.makinghomeaffordable.gov.
Yes No If yes, which agency is the government insurer? _________

24. $__________ What is your estimate of the current value of this
              property?

25. Do you have any cash available for a lump sum payment? Yes No
     If Yes, how much? $________________

26. $__________ How much is your current monthly NET (after taxes)
               income from all sources?

27. $_________What are your total monthly expenses without THIS
              mortgage, property tax, and property insurance? (Note:
              Include payments on other property liens.)

28. $__________Total remaining net income (without this property’s
              expenses)

29. Number of persons in your household who are dependent on
    you,including yourself and your spouse. Please note if any household
    members are disabled.
      _______   age   0-18
      _______   age   18-25
      _______   age   25-50
      _______   age   50+

30.   Please provide copies of letters or other written communications,
    including notes of telephone conversations, you have had with the
lender regarding this mortgage loan.