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 39-5-16 – Foreclosure after March 15; growing crops.
In cases of mortgage foreclosures of property on which there is a growing crop and when the proceeding has been commenced after March 15 of any year, the mortgagor shall not be dispossessed by any means whatsoever until the crop has been fully harvested, and the mortgagor shall be entitled to retain the crops; provided, […]
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 […]
Section 39-5-4 – [Notice of sale for personal property not exceeding three hundred dollars.]
That hereafter when personal property shall be sold under execution issued out of any justice court [magistrate court], or from the district court, when the property seized under execution does not exceed three hundred dollars, ($300.00), notice of such sale may be given by posting written or printed notices of such sale at least ten […]
Section 39-5-5 – [Limit on sale price of real estate.]
No real property shall be sold on any execution issued out of any court in any case at law for less than two-thirds of the appraised cash value thereof, exclusive of liens and encumbrances. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 21; Laws 1884, ch. 11, § 1; C.L. 1884, § 2171; […]
Section 39-5-6 – [Sheriff to ascertain value.]
The sheriff, between the days of levying the execution and the sale of the property, shall proceed to ascertain the cash value of such property as follows: History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 22; C.L. 1884, § 2172; C.L. 1897, § 3120; Code 1915, § 2203; C.S. 1929, § 46-114; 1941 […]
Section 39-5-7 – [Selection of appraisers; appraisal.]
For that purpose two disinterested householders of the neighborhood where the levy is made shall be selected as appraisers, one of whom shall be selected by each of the parties or their agents, or in the absence of either party or his agent, or upon the refusal of either party, after three days’ notice by […]