Treinen Law Office, PC

On June 19, 2020, the Consumer Financial Protection Bureau (”CFPB”) put mortgage servicers  on notice, urging them to comply with credit reporting obligations amid record numbers of consumer complaints.  The CFPB saw its highest-ever complaint volumes in April and May 2020, due to COVID-19-related complaints.  Complaints about mortgages were most common among the COVID-19-related complaints. […]

COVID-19 has caused not just a health crisis.  For many New Mexico families, it has also caused an economic crisis. Most mortgage servicers are allowing homeowners to defer payments for three months.  Most are also requiring full payment for the deferred three months, plus the fourth month payment, on month four.  This solution is no […]

  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 […]

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 […]

  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 […]

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 […]

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 […]

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, […]

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 […]

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