Section 47-1-40 – [Construction of “mortgage covenants”.]
In a mortgage or deed of trust by way of mortgage of real estate “mortgage covenants” shall have the full force and meaning and effect of the following words and shall be applied and construed accordingly: “the mortgagor for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and […]
Section 47-1-41 – Construction of “statutory mortgage condition”.
In a mortgage or deed of trust by way of mortgage of real estate the words, “statutory mortgage condition” shall have the full force, meaning and effect of the following words and shall be applied and construed accordingly: “in the event any of the following terms, conditions or obligations are broken by the mortgagor, this […]
Section 47-1-42 – [Sheriff designated as successor trustee.]
It shall be unnecessary to recite in any deed of trust given by way of mortgage that in the case of the resignation, refusal, failure or inability of the trustee named therein at any time to act, the then acting sheriff of the county in which said real estate is situate shall be successor trustee […]
Section 47-1-43 – [Verb “assign” sufficient to transfer interest.]
In an assignment of a mortgage or deed of trust by way of mortgage of real estate the word “assign” shall be a sufficient word to transfer the mortgage or the beneficial interest under deed of trust, without the words, “transfer and set over.” History: 1941 Comp., § 75-141, enacted by Laws 1947, ch. 203, […]
Section 47-1-44 – Conveyancing forms.
(1) WARRANTY DEED ………, for consideration paid, grant ……. to ………, whose address is ………., the following described real estate in ……… county, New Mexico: (description) with warranty covenants. Witness ……… hand …… and seal …… this …… day of ……., 19 … ………… (Seal) (Here add acknowledgment(s)) (2) WARRANTY DEED (JOINT TENANTS) ………, for […]
Section 47-1-45 – [Real estate brokerage agreements required to be in writing.]
Any agreement entered into subsequent to the first day of July, 1949, authorizing or employing an agent or broker to purchase or sell lands, tenements or hereditaments or any interest in or concerning them, for a commission or other compensation, shall be void unless the agreement, or some memorandum or note thereof shall be in […]
Section 47-1-46 – [Real estate descriptions by reference to recorded instruments.]
Any deed, mortgage, pleading in court or other instrument affecting real estate may describe such real estate by reference to the description thereof contained in or shown by one or more maps, plats, descriptions, deeds, mortgages or other instruments of record in the office of the county clerk of the county in which the affected […]
Section 47-1-47 – [Recovery of realty donated to state or municipality for specific purposes.]
Whenever real estate has been deeded to the state of New Mexico or any municipality thereof as a gift or donation, and without payment by the state or municipality of any money consideration, said real estate to be used for a specific purpose, and said real estate has not been used for the specific purpose […]
Section 47-1-48 – [Rules applicable; service of process.]
Such an action as provided for in Section 1 [47-1-47 NMSA 1978] hereof shall be governed by the rules of pleading, practice and procedure applying to civil actions. Service of process therein shall be made upon the attorney general of the state of New Mexico for the state of New Mexico, and upon the mayor […]
Section 47-1-37 – [Effect of warranty covenants in conveyances.]
In a conveyance of real estate the words, “warranty covenants” shall have the full force, meaning and effect of the following words: “the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that he is lawfully seized in fee simple of the granted premises; that they […]