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New Mexico · NMSA 1978, §§39-5-18, 39-5-19New Mexico right of redemption after foreclosure: nine months, or one month by agreement

After a New Mexico judicial foreclosure sale, the former defendant owner – or, if the owner doesn't, junior mortgagees and lienholders in order of priority – may redeem within nine months from the date of sale, by paying the purchaser the sale price plus 10% a year interest, taxes and payments on prior liens, or by filing a petition and depositing that amount with the district court clerk (NMSA 1978, §39-5-18(A)). The date of sale is the date the court's order confirming the special master's report is filed (§39-5-18(E)). The mortgage may shorten the period to no less than one month, though the court may extend it back up to nine months (§39-5-19). A trustee's sale under a deed of trust isn't covered; redemption after it is governed by the Deed of Trust Act (§39-5-18(G)).

The rules

  1. 1. Period (§39-5-18(A))

    Nine months from the order confirming the sale.

  2. 2. Who (§39-5-18(A)(3))

    Former owner first, then junior lienholders by priority.

  3. 3. Amount (§39-5-18(A)(1))

    Sale price plus 10% interest, taxes and prior-lien payments.

  4. 4. Shorter (§39-5-19)

    Down to one month if the mortgage says so; court may extend.

What the TC can do

  • For a buyer of a New Mexico foreclosure, find the filing date of the order confirming the sale.
  • Check the mortgage for a shortened redemption period.
  • Put the redemption end date on the deal before any resale or renovation.

Questions about New Mexico redemption

How long can a former New Mexico owner redeem after foreclosure?

Nine months from the date the order confirming the sale is filed, unless the mortgage shortened it to as little as one month (NMSA 1978, §§39-5-18, 39-5-19).

Does the nine-month rule apply to a deed of trust sale?

No, a trustee's sale under a deed of trust is governed by the Deed of Trust Act (NMSA 1978, §39-5-18(G)).

Related guides

Put the redemption end date on the deal as a task in ClosingCode.

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Source: NMSA 1978, §§39-5-18 and 39-5-19 (New Mexico Statutes Annotated 1978 at nmonesource.com, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.