Jun 12

New Mexico Protects Garnishment of Stimulus Checks

  On June 5, 2020, the New Mexico Supreme Court ordered that all garnishments in collection lawsuits against consumers were stayed until further notice because of COVID-19.  This Order protects stimulus checks from garnishment.  Garnishments related to child support or spousal support are not stayed.  A copy of the Order and the Press Release are […]

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Jun 02

Post-Forbearance Options for Homeowners

Many homeowners are questioning whether it is prudent to take advantage of the forbearance plans currently offered by mortgage servicers.  They are concerned that the forbearance plans may leave them worse off since most are for three months with a lump sum payment for the three months in arrears, plus the fourth month, due on […]

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May 14

Creditors, Mortgage Servicers, Landlords and Debt Collectors Are Ignoring COVID-19 Protections

  Provisions of the CARES Act and consumer protections enacted by the New Mexico Governor or the New Mexico Supreme Court are being ignored by creditors, mortgage servicers, landlords and debt collectors.  Garnishment, foreclosure and evictions should not be happening in many instances.  Even the threat to garnish, foreclose or evict might be a violation […]

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Picture of phone receiving call May 05

New Mexico Superintendent of Insurance Sets Up Call Center to Address Health Insurance Questions Related to COVID-19

New Mexicans with questions about health insurance coverage related to COVID-19 now have a call center for quick answers.  On May 1, 2020, the Office of the Superintendent of Insurance launched the toll-free call center.  It will answer questions 8 a.m. to 6 p.m. Monday through Saturday. Consumers are urged to call the call center […]

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Apr 29

Mortgage Servicers Are Providing Incomplete and Inaccurate Information About COVID-19 Relief Plans for FHA Mortgages

Many mortgages are insured by the FHA.  Through the CARES Act, Congress has acted to protect homeowners with FHA mortgages from foreclosure during these COVID-19 times.  On April 27, 2020, the federal government issued a letter documenting that many mortgage servicers are providing incomplete or inaccurate information about the relief plans available. The FHA Letter […]

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Law Gavel Apr 29

New Mexico Court of Appeals Holds Wells Fargo’s Reprehensible Conduct Justifies Punitive Damages

On April 6, 2020, the New Mexico Court of Appeals held that reprehensible conduct by a bank – namely, Wells Fargo – justified significant punitive damages against it.  Wells Fargo sold the homeowner an accidental death policy that was supposed to pay off his mortgage if he met an untimely death.  When the homeowner died, […]

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Law Gavel Apr 28

New Mexico Supreme Court Strikes Down Unfair Arbitration Scheme in Nursing Home Contract

On April 6, 2020, the New Mexico Supreme Court affirmed that one-sided arbitration schemes will not be enforced in New Mexico.  Treinen Law Office was involved as one of the attorneys for the New Mexico Trial Lawyers Association and the American Association for Justice (“AAJ”).  These groups pointed out to the Court why unfair arbitration […]

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money on envelope Apr 28

Consumer Groups Urge the New Mexico Supreme Court to Stop Unfair Garnishment of Stimulus Checks

Treinen Law Office has joined others in urging the New Mexico Supreme Court to stop unfair garnishment of stimulus checks.  A copy of the letter send to the Court is here: Letter-Consumer Debt Collection Cases-2020-04-27

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money on envelope Apr 22

Unfair Garnishment of Stimulus Checks in New Mexico

The CARES Act was supposed to get money directly to Americans quickly. Folks need it. They are out of work through no fault of their own. Unlike many other states, New Mexico has not acted to protect stimulus checks from unfair garnishment. Since so many New Mexicans have nothing to fall back on, this failure […]

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Apr 18

COVID-19 Protections Available for Fannie Mae Mortgages

Many mortgages are held by Fannie Mae.  Although you make your payments to another company – called the mortgage servicer – Fannie Mae, which is a quasi-governmental entity, holds the mortgage.  In response to the CARES Act, Fannie Mae has issued instructions to the servicers of its mortgages. Treinen Law Office PC is happy to […]

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