 New Mexico maintains a legal framework that is unusually robust on paper, specifically designed to curtail the predatory practices of “foreclosure consultants” and rescue operators. Central to this protection is the Fraud Prevention Act, NMSA § 47-15-1 to 47-15-8. This statute strictly prohibits the collection of upfront fees until services are fully performed and declares any lien or security interest taken by a consultant to be void. Furthermore, the Act mandates that contracts be fully disclosed in plain language and provided in advance, granting homeowners a mandatory three-business-day right to cancel. The key implication of this framework is that many “document prep,” “loss mitigation,” and “bankruptcy referral mills” operate in per se violation of New Mexico law if they fail to adhere to these stringent compliance and disclosure standards.
0 Comments
 In New Mexico, forcible entry and detainer (eviction) actions are strictly procedural. A landlord’s ability to prevail often turns on whether proper notice, and proper service of that notice, was accomplished both; in strict compliance with the Uniform Owner-Resident Relations Act (UORRA) and the Rules of Civil Procedure.
 The concept of habitability is often misunderstood. Many tenants assume that any inconvenience, delay in repair, or system not operating at peak performance automatically triggers a legal right to terminate or claim damages. That is not how the standard operates. Habitability is a legal threshold, not a comfort standard.
The governing framework under § NMSA 47-8-20 (A)(1)-(6) requires that a landlord maintain premises in a condition that is safe and fit for basic living. This means substantial compliance with health and safety obligations, not perfection. To rise to the level of a claim, conditions generally must involve substantial interference with the tenant’s use of the property, or persistent, uncured violations after proper notice. Isolated issues, temporary outages, or repaired defects typically do not meet that threshold. Even where multiple minor issues exist, courts look for material impact, not cumulative annoyance. Dissatisfaction with quality, convenience, or aesthetics, without more, is insufficient to invoke statutory remedies.  Financial challenges can resurface at any time, and even after a bankruptcy discharge, circumstances may create new hardship. Federal law sets clear rules for when a debtor can receive a discharge in a subsequent bankruptcy case if they have already been granted a discharge in a prior case. Understanding these rules is essential to avoid denied discharges, delays, or unexpected complications, and to plan a path toward financial recovery.
 Many people rely on Social Security benefits, if you are one of them, you are not alone. Social Security Disability Insurance (SSDI) or retirement benefits could make up most or all of your monthly income thus a common fear is what happens I file for Chapter 7? Will I lose my Social Security money?
In most cases the answer is no. Social Security benefits are strongly protected by federal law. In a Chapter 7 case, the bankruptcy trustee reviews your assets to see whether any nonexempt property can be sold to pay creditors. Under the anti-alienation rule (42 U.S.C. § 407(a)), your benefits cannot be seized by creditors because these benefits are not considered property that creditors can reach and are excluded from the bankruptcy estate (11 U.S.C. § 541(c)(2)). But how you handle the funds matters.  The Listing of Impairments
Step 3 of the Social Security disability evaluation process is the Listing of Impairments review. It follows Step 1 (no substantial gainful activity) and Step 2 (at least one severe medically determinable impairment). Here, the focus shifts to whether the impairment(s) meets or medically equals a specific medical standard set by the Social Security Administration (SSA), making further vocational analysis unnecessary if satisfied. The SSA publishes these standards in the Listing of Impairments, commonly called the "Blue Book" which can be found at 20 CFR Part 404, Subpart P, Appendix 1 (with parallel rules for SSI). Organized by major body systems, the listings outline objective medical criteria for impairments severe enough to prevent substantial gainful activity. They are publicly available on SSA.gov.  How Overpayments Happen
When someone receiving Social Security benefits dies, payments stop the month of their death. However, checks can still arrive for later months due to processing delays. Any payment issued after death is considered an overpayment, even if unintentional. A denial based on “too many closed accounts” feels counterintuitive, especially when your credit is otherwise strong. But legally speaking, that reason is not discriminatory by itself.
 The Windfall Elimination Provision, often called the windfall offset, is a rule that can reduce Social Security benefits for people who also receive a pension from work not covered by Social Security, such as certain government or foreign jobs. It prevents individuals from receiving a disproportionately high benefit when their non-covered earnings are combined with Social Security, calculating a lower formula-based benefit to maintain fairness. The reduction depends on your earnings history and the size of your other pension, but it does not eliminate benefits entirely; it simply adjusts them to reflect what Social Security considers equitable.
 If you’re renting a place, you have the right to live there safely and comfortably as long as you’re paying rent and following the lease and the law. But what happens if your landlord isn’t doing their part? Maybe they aren’t making repairs, breaking the lease, or doing something illegal. Here’s what you can do.
|
JDCJD Consults prides itself on community growth. Enjoy PSA's on hot topics about Corporate, Consumer, and Real Estate legal topics and issues. Categories
All
|
RSS Feed