reglab/housing_qa huggingface dataset:
NM Stat § 58-22-24 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-24 - Fees.

The director shall charge and collect the following fees: A. an original license fee for an escrow company of four hundred dollars ($400) for the first office or location; B. an annual license renewal fee for an escrow company of two hundred dollars ($200) and a delinquency fee of ten dollars ($10.00) per day for each day of delinquency beyond the date required for payment of the licensee's renewal fee; C. a fee of fifty dollars ($50.00) for each person claiming an exemption from the Escrow Company Act pursuant to Section 58-22-4 NMSA 1978; D. an original branch license fee for an escrow company branch of two hundred dollars ($200) for each office or location in addition to the first office or location; and E. an annual license renewal fee for an escrow company branch of two hundred dollars ($200) for each office or location in addition to the first office or location. History: Laws 1983, ch. 135, § 24; 1987, ch. 292, § 12; 1989, ch. 209, § 17.
NM Stat § 58-22-25 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-25 - Limit on fees for servicing loans or contracts of sale.

For servicing loans or contracts of sale, a licensee may charge fees based on the amount of the outstanding loan balance, provided that a licensee shall not charge, collect or receive in excess of one percent per year on the outstanding loan balance as that balance exists as of the date of the loan or sales contract or, for subsequent yearly periods, as that balance exists on the respective annual anniversary dates of the loan or sales contract. In the alternative, a licensee may charge, collect and receive fees based on the number and amount of disbursements made pursuant to the escrow instructions and may charge set-up, close-out and other fees, so long as any such fees are reasonable. History: Laws 1983, ch. 135, § 25.
NM Stat § 58-22-26 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-26 - Unauthorized business practices.

A. Unauthorized business practices of escrow agents include but are not limited to the following: (1) issuing, circulating or publishing any advertisement by any means of communication or making use of or circulating any written materials indicating that a person is in the escrow business when that person is not a licensed escrow company; (2) soliciting or accepting an escrow instruction or amended or supplemental escrow instruction containing any blank to be filled in after the signing or initialing of the escrow instruction or amended or supplemental escrow instruction, or permitting any person to make any addition to, deletion from or alteration of an escrow instruction or amended or supplemental escrow instruction unless the addition, deletion or alteration is signed or initialed by all persons who signed or initialed the escrow instruction or amended or supplemental escrow instruction prior to the addition, deletion or alteration; (3) failing to faithfully carry out the escrow services pursuant to the written escrow instructions, unless amended by the written agreement of all parties to the escrow agreement; (4) accepting any escrow transaction that requires or has required the prepayment, deduction or withholding of any sum to cover payments on the indebtedness or any prior encumbrance if such payments are not due and payable to the mortgagee or obligee at the time the escrow is established, except for payments to be made on property taxes for the current year or for the next annual premium on hazard insurance; (5) refusing to allow parties to an escrow transaction or designated agents of those parties access to the records of the escrow transaction; and (6) failing to distribute funds pursuant to escrow instructions promptly, but in no event later than five days from the final payment as defined in Section 55-4-213 NMSA 1978. B. Any licensee who commits an unauthorized business practice is subject to the revocation or suspension of his license or to other sanctions imposed by the director as provided in the Escrow Company Act. History: Laws 1983, ch. 135, § 26.
NM Stat § 58-22-26.1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-26.1 - Right to rely upon written instructions; conflicting demands upon escrow agent; right to interplead; custody of documents; attorney's fees authorized.

If two or more parties to an escrow make conflicting demands upon the escrow agent regarding the performance of its duties, then the escrow agent may, at its election, hold any money or documents which are the subject of the conflicting demands until it receives mutual instructions resolving the conflict in writing and signed by all parties to the escrow, or until a civil action has been finally concluded in a court of competent jurisdiction determining the rights of all parties to the escrow. In any civil action commenced to resolve the conflicting demands of the parties to the escrow, the escrow agent may recover a reasonable amount as attorney's fees and costs. History: 1978 Comp., § 58-22-26.1, enacted by Laws 1985, ch. 219, § 2.
NM Stat § 58-22-27 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-27 - Investigations by director; desist order; injunctions; fees.

A. The director may investigate, upon complaint or otherwise, when it appears that an escrow company is conducting its business in an unsafe and injurious manner or in violation of the Escrow Company Act or the regulations promulgated pursuant to that act, or when it appears that any person is engaging in the escrow company business without being registered under the provisions of that act. B. Whenever it appears to the director, upon sufficient ground or evidence satisfactory to the director, that any escrow company has engaged or is about to engage in any act or practice in violation of the Escrow Company Act or any rule, regulation or order pursuant to that act, or the assets or capital of any escrow company are impaired or the escrow company's affairs are in an unsafe condition, the director may summarily order the escrow company to cease and desist from that act or practice, or the director may apply to the district court of the first judicial district of Santa Fe county to enjoin the act or practice and to enforce compliance with the Escrow Company Act or for any other appropriate equitable relief. Upon a proper showing, a temporary restraining order, followed by a preliminary injunction and a permanent injunction, shall be granted, a receiver may be appointed for the defendant or defendant's assets and the license may be canceled, and such additional or other equitable remedies may be provided as the court deems necessary and appropriate. The court shall not require the director to post a bond. C. Whenever an investigation pursuant to Subsection A of this section becomes necessary, and that investigation reveals that an escrow company is conducting its business in an unsafe and injurious manner or in violation of the Escrow Company Act or the regulations promulgated pursuant to that act, or that any person is engaging in the escrow company business without being registered under the provisions of that act, the escrow company or person investigated shall pay to the director an investigation fee at the rate of one hundred fifty dollars ($150) per day or fraction of a day for each authorized representative engaged in the investigation. History: Laws 1983, ch. 135, § 27; 1987, ch. 292, § 13.
NM Stat § 58-22-28 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-28 - Subpoenas, oaths and examinations of witness; penalty.

A. In the conduct of any examination, investigation or hearing, the director may: (1) compel the attendance of any person or obtain any documents by subpoena; (2) administer oaths; and (3) examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of the Escrow Company Act and in connection therewith require the production of any books, records or papers relevant to the inquiry. B. Where any person has refused to obey a subpoena issued to the director, the district court of the first judicial district of Santa Fe county or other district court having proper venue, upon application by the director, may issue to the person an order requiring him to appear before the director or the staff member designated by the director, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court. History: Laws 1983, ch. 135, § 28.
NM Stat § 58-22-28.1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-28.1 - Violation of the Escrow Company Act; penalty.

Any person who violates Section 58-22-7, 58-22-20 or 58-22-26 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be sentenced as provided for in the Criminal Sentencing Act [Chapter 31, Article18 NMSA 1978]. History: 1978 Comp., § 58-22-28.1, enacted by Laws 1987, ch. 120, § 5.
NM Stat § 58-22-29 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-29 - Review of order of director.

A. Any person aggrieved by a final order of the director may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. The commencement of proceedings pursuant to Subsection A of this section does not, unless specifically ordered by the court, operate as a stay of the director's order. History: Laws 1983, ch. 135, § 29; 1998, ch. 55, § 60; 1999, ch. 265, § 64. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A. The 1998 amendment, effective September 1, 1998, rewrote Subsection A and in Subsection B, substituted "pursuant to" for "under".
NM Stat § 58-22-30 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-30 - Exemption from authority of superintendent of regulation and licensing.

The responsibilities and authority of the director under the Escrow Company Act are hereby explicitly exempted from the authority of the superintendent of regulation and licensing as set forth in Subsection B of Section 9-16-6 NMSA 1978. History: Laws 1983, ch. 135, § 30; 2015, ch. 135, § 8. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided that the director of the financial institutions division is exempt from the authority of the superintendent of regulation and licensing; in the catchline, after "authority of", deleted "secretary of commerce and industry" and added "superintendent of regulation and licensing"; at the beginning of the sentence, after "authority of the director", deleted "of the financial institutions division", after "authority of the", deleted "secretary of commerce and industry" and added "superintendent of regulation and licensing", and after "Section", deleted "9-2-5" and added "9-16-6". Temporary provisions. — Laws 2015, ch. 135, § 9 provided that an escrow company licensed pursuant to the Escrow Company Act that, prior to the effective date of Laws 2015, ch. 135, §§ 1 to 8 (July 1, 2015), was not required to file a surety or other bond with the director of the financial institutions division of the regulation and licensing department shall have until January 1, 2016 to comply with the provisions of Section 58-22-10 NMSA 1978.
NM Stat § 58-22-31 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-31 - Effect on persons currently engaged in escrow company business.

Any person engaged in the escrow company business in the state for a period of at least ninety days prior to the effective date of the Escrow Company Act shall have thirty days from that date in which to file a proper and complete application for a license together with the required bonds pursuant to Section 10 [58-22-10 NMSA 1978] of the Escrow Company Act and evidence of insurance coverage pursuant to Section 11 [58-22-11 NMSA 1978] of that act and to pay all required fees; provided that such applicant shall not be required to meet the condition specified in Subsection B of Section 8 [58-22-8 NMSA 1978] of the Escrow Company Act. During that thirty-day period and until the director acts on the application, the person shall be entitled to operate without a license but shall otherwise comply with all other provisions of that act [58-22-1 to 58-22-33 NMSA 1978]. History: Laws 1983, ch. 135, § 31. ANNOTATIONSCompiler's notes. — Section 58-22-11 NMSA 1978 was repealed in 1986.
NM Stat § 58-22-32 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-32 - Status of preexisting escrows.

Nothing contained in the Escrow Company Act shall be so construed as to impair or affect the obligation of any escrow agreement that was lawfully entered into prior to the effective date of that act. History: Laws 1983, ch. 135, § 32. ANNOTATIONSCompiler's notes. — Laws 1983, ch. 135, § 35 makes the Escrow Company Act effective on July 1, 1983.
NM Stat § 58-22-33 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 22 - Escrow Companies|Section 58-22-33 - No impairment of other remedies.

The Escrow Company Act is not intended to impair any remedies available to injured parties under other statutes or under the common law. History: Laws 1983, ch. 135, § 33. ANNOTATIONSSeverability clauses. — Laws 1983, ch. 135, § 34, provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 58-23-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-1 - Short title.

Chapter 58, Article 23 NMSA 1978 may be cited as the "Hospital Equipment Loan Act". History: Laws 1983, ch. 290, § 1; 1992, ch. 41, § 6. ANNOTATIONSThe 1992 amendment, effective May 20, 1992, substituted "Chapter 58, Article 23 NMSA 1978" for "This act".
NM Stat § 58-23-2 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-2 - Legislative findings.

The legislature finds that: A. the delivery of high-quality health care in New Mexico has in recent years become increasingly dependent upon sophisticated equipment at a time when the acquisition and financing of equipment by health-care providers has become increasingly expensive; B. the increased costs of financing modern equipment by New Mexico health-care providers is necessarily passed on to patients receiving medical care from the health-care providers, resulting in higher medical bills, increased health insurance premiums and higher medicare and medicaid payments; C. the problems relating to the delivery of health care cannot be remedied solely through the operation of private enterprise or efforts by individual communities, but can be alleviated through the creation of a program to facilitate and enable the investment of private capital for the purpose of financing health-related equipment at interest rates lower than those available in the conventional credit markets; D. the creation of a program to coordinate and cooperate with health-care providers and local communities is essential to alleviating the problematic conditions relating to the provision of health care and is in the public interest; and E. alleviating these conditions by the encouragement of private investment is a public purpose and a beneficial use for which money provided by the sale of revenue bonds may be borrowed, expended, advanced, loaned and granted. History: Laws 1983, ch. 290, § 2.
NM Stat § 58-23-4 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-4 - Additional definitions.

As used in the Hospital Equipment Loan Act in connection with refinancing, renewing, funding, refunding or paying any bonds, "bonds" also means any bond, note, certificate or other evidence of indebtedness previously issued or incurred by any health facility, municipality, county, special hospital district or other political subdivision to refinance, finance or aid in financing property that would have constituted health-related equipment had it been originally financed by the council. History: 1978 Comp., § 58-23-4, enacted by Laws 1992, ch. 41, § 7.
NM Stat § 58-23-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-5 - Council; created; members; qualifications; board.

A. There is created a public body politic and corporate, separate and apart from the state, constituting a governmental instrumentality to be known as the "New Mexico hospital equipment loan council" for the performance of essential public functions. B. The council shall be governed by a board of directors consisting of five members. The governor, with the advice and consent of the senate, shall appoint the members of the board. C. Each member of the board shall be a resident of the state, and in addition: (1) two members shall be officers or directors of financial institutions located in New Mexico; (2) two members shall be officers or directors of a health facility located in New Mexico. Such members shall have been employed for a total of five years as officers or directors of any health facility; (3) one member shall be appointed from and represent the public and shall not be directly or indirectly affiliated with any health facility; and (4) no more than three members shall be of the same political party. D. The council shall be separate and apart from the state and shall not be subject to the supervision or control of any board, bureau, department or agency of the state except as specifically provided in the Hospital Equipment Loan Act. In order to effectuate the separation of the state from the council, no use of the terms "state agency" or "instrumentality" in any other law of the state shall be deemed to refer to the council unless the council is specifically referred to therein, except that the council is a state agency and instrumentality for the purposes of Article 8, Section 3 of the constitution of New Mexico. History: Laws 1983, ch. 290, § 5; 1986, ch. 60, § 6; 1987, ch. 49, § 2; 2006, ch. 90, § 2; 2006, ch. 92, § 2. ANNOTATIONS2006 amendments. — Laws 2006, ch. 90, § 2 and Laws 2006, ch. 92, § 2, effective May 17, 2006, enact identical amendments to 58-23-5 NMSA 1978 that provide in Subsection D that the council is a state agency or instrumentality for the purposes of Article 8 of the constitution of New Mexico. Pursuant to 12-1-8 NMSA 1978, this section is set out as amended by Laws 2006, ch. 92, §2. Applicability. — Laws 2006, ch. 92, § 4 makes the provisions of this act applicable to property tax years beginning on or after January 1, 2006.
NM Stat § 58-23-6 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-6 - Council; board of directors; terms and conditions of service.

A. The members of the board shall be appointed for staggered terms of four or fewer years each so that the term of at least one member expires on January 1 of each year. Each member shall hold office for the term of his appointment and until his successor has been appointed and qualified. Any member is eligible for reappointment. B. Each member of the board shall be removed for misfeasance, malfeasance or willful neglect of duty after reasonable notice and a public hearing, unless the same are expressly waived in writing. History: Laws 1983, ch. 290, § 6.
NM Stat § 58-23-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-7 - Board; expenses.

The members of the board shall receive no compensation for their services but shall receive reimbursement for actual and necessary expenses at the same rate and basis as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: Laws 1983, ch. 290, § 7.
NM Stat § 58-23-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-8 - Board; quorum.

A majority of the members of the board then serving shall constitute a quorum for the transaction of business. The affirmative vote of at least a majority of a quorum present shall be necessary for any action to be taken by the authority. No vacancy in the membership of the council shall impair the right of a quorum to exercise all rights and perform all duties of the loan program. History: Laws 1983, ch. 290, § 8.
NM Stat § 58-23-9 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-9 - Meetings of the board.

The board shall meet at least annually and may meet more often as required by the business of the council. History: Laws 1983, ch. 290, § 9.
NM Stat § 58-23-10 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-10 - Board; bonding requirements.

At the time of the issuance of any bonds pursuant to the Hospital Equipment Loan Act, each member of the board shall execute a surety bond in the sum of twenty-five thousand dollars ($25,000). To the extent any member of the board is already required by state law to provide a surety bond, that member need not obtain another bond as long as the bond required by state law is in at least the sum specified in this section and covers the member's activities for the council. In lieu of such bonds, the chairman of the board may execute a blanket fidelity bond covering each member and the employees of the council. Each fidelity bond shall be conditioned upon the faithful performance of the duties of the respective office of the member or the employee and shall be issued by a surety company authorized to transact business in this state as surety. At all times after the issuance of any surety bonds, each member and employee shall maintain such surety bonds in full force and effect. All costs of the surety bonds shall be borne by the council. History: Laws 1983, ch. 290, § 10.
NM Stat § 58-23-12 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 23 - Hospital Equipment Loans|Section 58-23-12 - Council; duties.

The council shall have the following duties: A. to invest any funds not needed for immediate disbursement, including any funds held in reserve, in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States, obligations issued by agencies of the United States, obligations of this state or any political subdivisions thereof, the unsecured promissory notes or other obligations of state and national banking associations and other entities having an investment grade rating or as otherwise provided by the trust indenture or bond resolution securing the issuance of the bonds; B. to collect fees and charges as the council determines to be reasonable in connection with its loans, leases, sales, advances, insurance, commitments and servicing; and C. to cooperate with and exchange services, personnel and information with any federal, state or local governmental agency. History: Laws 1983, ch. 290, § 12; 1987, ch. 49, § 3.