The legislature finds that:
A. abusive mortgage lending has become an increasing problem in New Mexico, exacerbating the loss of equity in homes and causing the number of foreclosures to increase in recent years;
B. one of the most common forms of abusive lending is the making of loans that are equity-based, rather than income-based;
C. the financing of points and fees in these loans provides immediate income to the originator and encourages creditors to repeatedly refinance home loans; and
D. while the marketplace appears to operate effectively for conventional mortgages, too many homeowners find themselves victims of overreaching creditors who provide loans with high costs and terms that are unnecessary to secure repayment of the loan.
History: Laws 2003, ch. 436, § 2.
Effective dates. — Laws 2003, ch. 436 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 2003, 90 days after adjournment of the legislature.
Applicability. — Laws 2003, ch. 436, § 19A made the Home Loan Protection Act applicable to all home loans made or entered into after January 1, 2004.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 21A - Home Loan Protection
Section 58-21A-1 - Short title.
Section 58-21A-3 - Definitions.
Section 58-21A-4 - Prohibited practices and provisions regarding home loans.
Section 58-21A-5 - Limitations and prohibited practices for high-cost home loans.
Section 58-21A-6 - Default; notice; right to cure.
Section 58-21A-8 - Subterfuge prohibited.
Section 58-21A-9 - Civil action.
Section 58-21A-10 - Preemption.
Section 58-21A-11 - Actions based on home loans.
Section 58-21A-12 - Application of Unfair Practices Act.