reglab/housing_qa huggingface dataset:
NM Stat § 56-9-52 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 9 - Transfers to Prefer Creditors - Voluntary Assignments|Section 56-9-52 - [Compensation of assignee and counsel.]

The fees and commissions to which the assignee may be entitled for services performed by him in the execution of his trust shall be fixed and allowed by the court, or judge thereof in vacation, for such amount, at such times and in such manner as the court or judge may direct, to be applied out of the trust funds in the hands of the assignee. In like manner the court shall allow counsel for the assignee reasonable compensation for professional services necessarily performed for and on behalf of the assignee in the execution of his trust. History: Laws 1889, ch. 71, § 43; C.L. 1897, § 2869; Code 1915, § 325; C.S. 1929, § 7-152; 1941 Comp., § 23-152; 1953 Comp., § 27-1-52. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Assignments for Benefit of Creditors § 91. Trust receipt, right of assignee for creditors of one giving, to commission and counsel fees in defense of action by holder of receipt, out of proceeds of goods, 49 A.L.R. 307, 87 A.L.R. 302, 101 A.L.R. 453, 168 A.L.R. 359. Allowance of attorney's fees against property or fund for services rendered in action by assignee for creditors, 107 A.L.R. 758. 6A C.J.S. Assignments for Benefit of Creditors §§ 122, 124, 125.
NM Stat § 56-9-53 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 9 - Transfers to Prefer Creditors - Voluntary Assignments|Section 56-9-53 - [Compensation of assignee as counsel.]

In case the assignee should be an attorney-at-law, in active practice, and performs the duties of assignee and counsel in the protection and execution of the trust, he shall be allowed by the court such compensation, in his capacity as such counsel, together with a reasonable allowance as assignee, at such times, in such manner and in such amounts as the court under all the circumstances may deem just and reasonable. History: Laws 1889, ch. 71, § 44; C.L. 1897, § 2870; Code 1915, § 326; C.S. 1929, § 7-153; 1941 Comp., § 23-153; 1953 Comp., § 27-1-53. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Assignments for Benefit of Creditors §§ 37, 55, 91, 119, 131, 132. 6A C.J.S. Assignments for Benefit of Creditors §§ 46, 53, 124, 125, 141.
NM Stat § 56-9-54 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 9 - Transfers to Prefer Creditors - Voluntary Assignments|Section 56-9-54 - [Permission to assign moneys due from state or subdivision; procedure and limitations.]

Assignments of moneys due or to become due from the state of New Mexico or from any municipal corporation, county or political subdivision or agency thereof under the terms of any construction, improvement, maintenance or repair contract or contracts for equipment or supplies shall be permitted subject to the following limitations and restrictions: A. the assignment must, subject to Subparagraph D hereof, be to a bank, trust company or other financing institution; B. the contract under which such moneys shall be due or become due must provide for payments to the assignor aggregating $500.00 or more; C. the contract must not contain a provision prohibiting such assignment; D. unless otherwise expressly permitted by the contract, such assignment shall cover all amounts payable under such contract and not already paid, shall not be made to more than one party, and shall not be subject to further assignment except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing; E. notice shall be given as required by Section 2 [56-9-55 NMSA 1978] of this act. History: 1941 Comp., § 23-154, enacted by Laws 1947, ch. 22, § 1; 1953 Comp., § 27-1-54. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. "Acceptance companies" fall within the definition of a "financing institution," as such term is used in this section. 1958 Op. Att'y Gen. No. 58-232. Lease-purchase agreements assignable to "acceptance companies". — Suppliers may assign lease-purchase agreements entered into with a county and the rentals due thereon to financing organizations of a class generally known as "acceptance companies." 1958 Op. Att'y Gen. No. 58-232.
NM Stat § 56-9-55 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 9 - Transfers to Prefer Creditors - Voluntary Assignments|Section 56-9-55 - [Written notices of assignment required.]

In the event of such assignment, the assignee thereof shall file written notice of the assignment, together with a true copy of the instrument of assignment: A. with the officer of the state, municipal corporation, county, political subdivision or agency who will make the payment under the contract assigned; and B. with the officer who executed the contract on behalf of the state or such municipal corporation, county, political subdivision or agency; and C. with the surety or sureties upon the bond or bonds, if any, given to secure the performance of such contract. History: 1941 Comp., § 23-155, enacted by Laws 1947, ch. 22, § 2; 1953 Comp., § 27-1-55. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 56-10-1 to 56-10-13 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-1 to 56-10-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 382, § 13 repealed 56-10-1 to 56-10-13 NMSA 1978, as enacted by Laws 1959, ch. 116, §§ 1-13, relating to fraudulent conveyances, effective June 16, 1989. For present comparable provisions, see 56-10-14 NMSA 1978 et seq.
NM Stat § 56-10-14 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-14 - Short title.

Sections 56-10-14 through 56-10-29 NMSA 1978 may be cited as the "Uniform Voidable Transactions Act". History: Laws 1989, ch. 382, § 1; 2015, ch. 54, § 9. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, changed the name of the Uniform Fraudulent Transfer Act to the Uniform Voidable Transactions Act; changed "This act" to "Sections 56-10-14 through 56-10-29 NMSA 1978", and after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions". Federal preemption. — A motion for the appointment of a receiver for a development corporation due to an allegedly fraudulent transfer which the corporation had made in violation of this article was denied, since the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1821, preempts the plaintiffs' count for fraudulent conveyance and does not allow for non-monetary relief. Glenborough N.M. Assocs. v. Resolution Trust Corp., 802 F. Supp. 387 (D.N.M. 1992). Law reviews. — For note, "Matching the Historical Legal Principles on New Mexico's Exemption Laws to the Modern Identity of Annuities: Dona Ana Savings & Loan Ass'n v. Dofflemeyer," see 24 N.M.L. Rev. 365 (1994).
NM Stat § 56-10-17 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-17 - Value.

A. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. B. For the purposes of Paragraph (2) of Subsection A of Section 56-10-18 and Section 56-10-19 NMSA 1978, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement. C. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. History: Laws 1989, ch. 382, § 4; 2015, ch. 54, § 12. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, in Subsection B, after "Section", deleted "5 and Section 6 of the Uniform Fraudulent Transfer Act" and added "56-10-18 and Section 56-10-19 NMSA 1978". Value not given. — The children did not give value since they exchanged no property as consideration for the transfers and, absent any accounting, there was no showing of the existence of an antecedent debt. Mazer v. Jones, 184 Bankr. 377 (Bankr. D.N.M. 1995).
NM Stat § 56-10-19 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-19 - Transfer or obligation voidable as to present creditor.

A. A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. B. A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent. C. Subject to Subsection B of Section 56-10-16 NMSA 1978, a creditor making a claim for relief under Subsection A or B of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. History: Laws 1989, ch. 382, § 6; 2015, ch. 54, § 14. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, changed "fraudulent" transfers to "voidable" transfers, as used in the Voidable Transactions Act; in the catchline, changed "Transfers fraudulent as to present creditors" to "Transfer or obligation voidable as to present creditor"; in Subsection A, after "debtor is", deleted "fraudulent" and added "voidable"; in Subsection B, after "debtor is", deleted "fraudulent" and added "voidable"; and added Subsection C. Factors in determining voidable transfers. — The noninclusive enumeration of factors contained in 56-10-18 NMSA 1978 and this section are to be considered when determining whether the funds that ordinarily would be exempt from attachment under 42-10-2 and 42-10-3 NMSA 1978 should be set aside as the result of a voidable transfer. Dona Ana Sav. & Loan Ass'n v. Dofflemeyer, 1993-NMSC-031, 115 N.M. 590, 855 P.2d 1054.
NM Stat § 56-10-20 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-20 - When transfer is made or obligation is incurred.

For the purposes of the Uniform Voidable Transactions Act: A. a transfer is made: (1) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (2) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under the Uniform Voidable Transactions Act that is superior to the interests of the transferee; B. if applicable law permits the transfer to be perfected as provided in Subsection A of this section and the transfer is not so perfected before the commencement of an action for relief under the Uniform Voidable Transactions Act, the transfer is deemed made immediately before the commencement of the action; C. if applicable law does not permit the transfer to be perfected as provided in Subsection A of this section, the transfer is made when it becomes effective between the debtor and the transferee; D. a transfer is not made until the debtor has acquired rights in the asset transferred; and E. an obligation is incurred: (1) if oral, when it becomes effective between the parties; or (2) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee. History: Laws 1989, ch. 382, § 7; 2015, ch. 54, § 15. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions" throughout the section; in Subsection A, Paragraph (1), after "against", deleted "whom" and added "which"; and in Subsection E, Paragraph (2), after "evidenced by a", deleted "writing" and added "record", and after "when the", deleted "writing executed" and added "record signed". Ownership of asset. — Given the debtors' failure to segregate the trailer park from their assets at any material time or to trace the money that allegedly funded a trust for their children, there was no factual basis on which the court could conclude that a trust should be imposed; the debtors acquired equitable title to the trailer park at the time of purchase and it was their "asset" at the time of any purported transfer. Mazer v. Jones, 184 Bankr. 377 (Bankr. D.N.M. 1995). Despite a prior unrecorded assignment to which the sellers orally consented, the debtors owned the trailer park when the quitclaim deed was recorded, and its recording was the first "transfer" of the debtors' interest for purposes of this article. Mazer v. Jones, 184 Bankr. 377 (Bankr. D.N.M. 1995).
NM Stat § 56-10-21 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-21 - Remedies of creditor.

A. In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in Section 56-10-22 NMSA 1978, may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and (3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (a) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (b) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (c) any other relief the circumstances may require. B. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. History: Laws 1989, ch. 382, § 8; 2015, ch. 54, § 16. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; in the catchline, changed "creditors" to "creditor"; in Subsection A, after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions", after "Section", deleted "9 of that act" and added "56-10-22 NMSA 1978"; and in Subsection A, Paragraph (2), after "transferee", deleted "in accordance with procedures prescribed b law; or" and added "if available under applicable law; and". Bankruptcy trustee entitled to avoid transfers. — Because the bankruptcy debtors made transfers with the actual intent to hinder, delay or defraud the judgment creditors, the trustee was entitled to avoid the transfers effected by the 1991 quitclaim deed and the 1992 recording of the assignment. Mazer v. Jones, 184 Bankr. 377 (Bankr. D.N.M. 1995).
NM Stat § 56-10-23 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-23 - Extinguishment of cause of action.

A cause of action with respect to a transfer or obligation under the Uniform Voidable Transactions Act is extinguished unless action is brought: A. under Paragraph (1) of Subsection A of Section 56-10-18 NMSA 1978 not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant; B. under Paragraph (2) of Subsection A of Section 56-10-18 NMSA 1978 or Subsection A of Section 56-10-19 NMSA 1978 not later than four years after the transfer was made or the obligation was incurred; or C. under Subsection B of Section 56-10-19 NMSA 1978 not later than one year after the transfer was made. History: Laws 1989, ch. 382, § 10; 2015, ch. 54, § 18. ANNOTATIONSThe 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; in the introductory sentence, after "respect to a", deleted "fraudulent", and after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions"; in Subsection A, after "Section", deleted "5 of the Uniform Fraudulent Transfer Act within" and added "56-10-18 NMSA 1978 not later than", and after "if later", deleted "within" and added "not later than"; and in Subsection B, after the first occurrence of "Section", deleted "5" and added "56-10-18 NMSA 1978", and after the second occurrence of "Section", deleted "6 of that act within" and added "56-10-19 NMSA 1978 not later than"; and in Subsection C, after "Section", deleted "6 of that act within" and added "56-10-19 NMSA 1978 not later than", and after "made", deleted "or the obligation was incurred". Applicability. — Since the court found for the bankruptcy trustee on his claim of actual fraud, the one-year statute of limitations contained in this section was inapplicable. Mazer v. Jones, 184 Bankr. 377 (Bankr. D.N.M. 1995). When the claimant bank purchased a judgment against the debtor from the Federal Deposit Insurance Corporation (FDIC), an action against the debtor to set aside an allegedly fraudulent transfer of property by the debtor had to be brought within four years from the date of transfer, not from the date of entry of the judgment in favor of the FDIC. First Sw. Fin. Servs. v. Pulliam, 1996-NMCA-032, 121 N.M. 436, 912 P.2d 828.
NM Stat § 56-10-24 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-24 - Governing law.

A. In this section, in determining a debtor's location, a debtor: (1) who is an individual is located at the individual's principal residence; (2) that is an organization and has only one place of business is located at its place of business; and (3) that is an organization and has more than one place of business is located at its chief executive office. B. A claim for relief in the nature of a claim for relief under the Uniform Voidable Transactions Act is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. History: 1978 Comp., § 56-10-24, enacted by Laws 2015, ch. 54, § 20. ANNOTATIONSRecompilations. — Laws 2015, ch. 54, § 19 recompiled and amended former 56-10-24 NMSA 1978, relating to supplement provisions, as 56-10-26 NMSA 1978, effective January 1, 2016. Compiler's notes. — Laws 2015, ch. 54, § 20 enacted a new 56-10-24 NMSA 1978, effective January 1, 2016. Effective dates. — Laws 2015, ch. 54, §25 made Laws 2015, ch. 54, § 20 effective January 1, 2016.
NM Stat § 56-10-25 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 10 - Uniform Voidable Transactions|Section 56-10-25 - Application to series organization.

A. As used in this section: (1) "protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in Paragraph (2) of this subsection; and (2) "series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics: (a) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; (b) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; and (c) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. B. A series organization and each protected series of the organization is a separate person for purposes of the Uniform Voidable Transactions Act, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization. C. The provisions of the Uniform Voidable Transactions Act do not authorize or prohibit the creation of a protected series or series organization. History: 1978 Comp., § 56-10-25, enacted by Laws 2015, ch. 54, § 22. ANNOTATIONSRecompilations. — Laws 2015, ch. 54, § 21 recompiled and amended former 56-10-25 NMSA 1978, relating to uniformity of application and construction, as 56-10-27 NMSA 1978, effective January 1, 2016. Laws 2015, ch. 54, § 22 enacted a new 56-10-25 NMSA 1978, effective January 1, 2016. Effective dates. — Laws 2015, ch. 54, § 25 made Laws 2015, ch. 54, § 22 effective January 1, 2016. Am. Jur. 2d, A.L.R. and C.J.S. references. — 37 Am. Jur. 2d Fraudulent Conveyances § 4. Maxim "he who comes into equity must come with clean hands," as basis for refusal of relief to party to fraudulent transfer, 4 A.L.R. 99. Pari delicto, fact that the parties to a conveyance in fraud of creditors are not in, as affecting the right of the party guilty of fraud to relief, 7 A.L.R. 150. Complainants' purpose to defraud creditors as defense to suit to recover property paid for by him but conveyed to defendant, 117 A.L.R. 1464. 37 C.J.S. Fraudulent Conveyances § 371.