Section 39-5-18 – Redemption of real property sold under judgment or decree of foreclosure; notice and hearing; redemption amount; priority of redemption rights.
A. After sale of real estate pursuant to the order, judgment or decree of foreclosure in the district court, the real estate may be redeemed by the former defendant owner of the real estate or by any junior mortgagee or other junior lienholder whose rights were judicially determined in the foreclosure proceeding: (1) by paying […]
Section 39-5-19 – Application; shorter redemption period.
This section and Section 39-5-18 NMSA 1978 do not apply to any foreclosure sale made before the effective date of this section. The parties to any such instrument may, by its terms, shorten the redemption period to not less than one month, but the district court may in such cases, upon a sufficient showing before […]
Section 39-5-20 – Repealed.
ANNOTATIONS Repeals. — Laws 1987, ch. 61, § 25 repeals 39-5-20 NMSA 1978, as enacted by Laws 1931, ch. 149, § 3, relating to redemption of real property sold under power of sale in an instrument, effective June 19, 1987. For provisions of former section, see NMOneSource.com. For present comparable provisions, see 39-5-18 NMSA 1978.
Section 39-5-8 – [Appraiser failing to act.]
In case any appraiser shall fail to act or to complete such valuation, another shall be chosen in his stead as above provided. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 24; C.L. 1884, § 2174; C.L. 1897, § 3122; Code 1915, § 2205; C.S. 1929, § 46-116; 1941 Comp., § 21-208; 1953 […]
Section 39-5-9 – [Schedule of property.]
The sheriff shall furnish the appraisers with a schedule of the property levied on with the encumbrances made known to him, and they shall proceed to fix, and set down opposite to each tract, lot or parcel of real estate, the cash value, deducting liens and encumbrances, which schedule shall be returned to the sheriff. […]
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 […]