Real Estate Law
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.
I am sorry t read about your difficulty.
What does it mean in the Complaint for Foreclosure - Plaintiff "is authorized to bring this action in the State of New Mexico by Section 42-6-1 NMSA 1978"
Response 1: That is the Statute that gives the lender the authority to proceed with the foreclosure of the property after the default of the borrower.
can i file an amended answer at this point or do i file "motion for leave to amend the answer?
Response 2: You have to file Motion for leave to amend the answer if the other side has responded to your answer. Otherwise, you can go ahead and amend your answer without first seeking leave of the Court to amend.
Goodluck with your case,
I am not sure what the Plaintiff's intent is. However, if the the Plaintiff does not have the standing--the legal capacity to bring the lawsuit, then the Plaintiff's citing that particular statute would not cure that defect. The Plaintiff's legal capacity--standing to bring the lawsuit must still be challenged.
I have no additional information to provide on the subject. So, I will opt out to give another Attorney the opportunity to further assist you.
Ray here anew expert.Just wanted t make sure you got all your questions answered here.
It is correct that plaintiff has to show that the plaintiff has to show standing to then file foreclosure action.
If you can positive rate 5 stars when we are done it is always much appreciated.
And the plaintiff here doesn't necessarily respond to your answer.Everything is considered in dispute and the case would move through discovery and toward trial.