Section 39-5-10 – [No duty to ascertain amount of liens.]
It shall not be the duty of the sheriff or appraisers to ascertain the amount of liens or encumbrances, but either party may furnish the sheriff with a list thereof, with the amount and nature of each. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 25; C.L. 1884, § 2176; C.L. 1897, § […]
Section 39-5-11 – [Oath of appraisers.]
The appraisers shall take and subscribe an oath annexed to such appraisements, to the effect that the property mentioned in the schedule is, to the best of their judgment, worth the sums specified therein, that the same is the fair cash value thereof at the time, exclusive of liens and encumbrances; which oath the sheriff […]
Section 39-5-12 – [Unsold property; return.]
When any property levied on remains unsold, it shall be the duty of the sheriff, when he returns the execution, to return the appraisement therewith, stating in his return the failure to sell, and the cause of the failure. History: Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 29; C.L. 1884, § 2179; C.L. […]
Section 39-5-13 – [Lien continues; alias writ.]
The lien of the levy upon the property shall continue until the debt is paid, and the clerk, unless otherwise directed by the plaintiff, shall forthwith issue another execution, reciting the return of the former execution, the levy and failure to sell, and directing the sheriff to satisfy the judgment out of the property unsold, […]
Section 39-5-14 – [Reoffer of unsold property; costs; revaluation.]
Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be reoffered at any time before the return day of the execution, at his cost, as often as he may direct, but in case of the sale of the property, the costs of such offer and sale […]
Section 39-5-15 – [Foreclosure; lien claimed by deceased; making unknown heirs and devisees parties defendant.]
In all actions brought for the foreclosure of any real estate mortgage or deed of trust where the plaintiff alleges in his complaint that any person who is now deceased, during his lifetime, claimed a lien upon the real estate described in said mortgage or trust deed and further alleges either that there has been […]
Section 39-5-1.1 – Judicial sales of perishable property; court order; petition; hearing.
In all cases of the sale of perishable goods by virtue of any execution or other process pursuant to the provisions of Section 39-5-1 NMSA 1978 or by virtue of the foreclosure of a landlord’s lien pursuant to the provisions of Section 48-3-14 NMSA 1978, when the property being sold is of a perishable nature […]
Section 39-5-1.2 – [“Real estate” and “real property” defined.]
As used in Chapter 39, Article 5 NMSA 1978 “real estate” or “real property” includes leaseholds. As used in this section, “leasehold” means an estate in real estate or real property held under a lease. History: 1978 Comp., § 39-5-1.2, enacted by Laws 1991, ch. 234, § 2. ANNOTATIONS Validating clauses. — Laws 1991, ch. […]
Section 39-5-2 – [Unlawful sales; liability of officer.]
If any sheriff or other person shall sell any lands, tenements, goods or chattels by virtue of any process otherwise than in the manner aforesaid or without such previous notice, the sheriff or other person so offending shall for every offense, forfeit and pay the sum of fifty dollars [($50.00)] with costs of suit in […]
Section 39-5-3 – [Contents of sale notices.]
All notices of sale by sheriffs under execution, order or decree of any district court in this state shall contain as briefly as possible the style or title of the cause in which said judgment, order or decree was obtained, the nature of the action, the date of the rendition of said judgment, or the […]