reglab/housing_qa huggingface dataset:
NM Stat § 56-12-13 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-13 - Pawn service charge.

A. For the first thirty-day period of the pawn transaction, a pawnbroker may charge seven dollars fifty cents ($7.50) or ten percent of the amount loaned, whichever is greater, provided that such charge shall not be made on the refinancing of an existing loan or credit transaction. A loan or extension of credit shall be considered to be refinancing of an existing loan if any part of the proceeds of the subsequent loan is applied toward the payment of a prior loan with the same pawnbroker. B. For the remaining period of the pawn transaction, including any refinancing, no pawnbroker shall charge directly, indirectly or by any subterfuge a pawn service charge in connection with any pawn transaction at a rate in excess of four percent per month on the unpaid principal balance of the loan or extension of credit. C. The foregoing pawn service charges are limiting maximums and nothing herein shall be construed to prohibit a pawnbroker from contracting for or receiving a lesser rate than here established. History: Laws 1985, ch. 228, § 13. ANNOTATIONSStorage fee. — A storage fee of $30, charged by pawnbroker at the beginning of each pawn transaction, was, in fact, a "pawn service charge" and was illegal because it exceeded the maximum set forth in this section. Yazzie v. Ray Vicker's Special Cars, Inc., 12 F. Supp. 2d 1230 (D.N.M. 1998).
NM Stat § 56-12-14 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-14 - Prohibited practices.

A pawnbroker shall not: A. knowingly enter into a pawn transaction with a person under the age of eighteen years or under the influence of alcohol, any narcotic, drug, stimulant or depressant; B. make any agreement requiring the personal liability of a pledgor in connection with the pawn transaction; C. accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under the Pawnbrokers Act; D. fail to exercise reasonable care to protect pledged goods from loss or damage; E. fail to return a pledged good to a pledgor upon payment of the full amount due to the pawnbroker on the pawn transaction. In the event a pledged good is lost or damaged while in the possession of the pawnbroker, the pawnbroker shall compensate the pledgor for the reasonable value of the lost or damaged good; F. make any charge for insurance in connection with a pawn transaction; G. purchase or otherwise receive any item of property from which the manufacturer's name plate, serial number or identification mark has been obviously defaced, altered, covered or destroyed; H. purchase or otherwise receive any item of property which the permitholder knows is not lawfully owned by the person offering the same; I. enter into a pawn transaction in which the unpaid principle [principal] balance exceeds two thousand dollars ($2,000); or J. require that any of the proceeds of any cash loan be spent at the pawnbroker's place of business or in any other manner directed by the pawnbroker. History: Laws 1985, ch. 228, § 14.
NM Stat § 56-12-15 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-15 - General penalties.

Any permitholder who is found guilty of a violation of any provision of the Pawnbrokers Act shall be guilty of a petty misdemeanor. Any permitholder who violates any provision of the Pawnbrokers Act shall be subject to having his permit revoked or suspended by the local government pursuant to the provisions of Section 8 [56-12-8 NMSA 1978] of the Pawnbrokers Act. Revocation or suspension of such permit will not bar prosecution of the permitholder under the penal provisions of the Pawnbrokers Act. Criminal prosecution will not bar proceedings to revoke or suspend the holder's permit. History: Laws 1985, ch. 228, § 15. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 56-12-16 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 12 - Pawnbrokers|Section 56-12-16 - Forfeiture.

The violation of any provision of the Pawnbrokers Act in any covered transaction shall be deemed a forfeiture of the entire amount of the pawn service charge contracted for or allowable under the transaction. In the event a pawn service charge in excess of the amounts allowable under the Pawnbrokers Act has been paid in any covered transaction, the person by whom it has been paid, or has [his] legal representative, may recover back by civil action triple the amount of service charge paid. Any civil action under this section shall be commenced within two years from the date the usurious transaction was consummated. History: Laws 1985, ch. 228, § 16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 56-13-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-1 - Short title.

Sections 1 through 14 [56-13-1 to 56-13-14 NMSA 1978] of this act may be cited as the "Farm Products Secured Interest Act". History: Laws 1987, ch. 177, § 1. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Cross references. — For secured transactions under the Uniform Commercial Code, see Chapter 55, Article 9 NMSA 1978.
NM Stat § 56-13-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-2 - Legislative purpose.

It is the intent of the legislature to adopt a central filing system for security interests relating to farm products pursuant to Section 1324 of the Food Security Act of 1985, Public Law 99-198. It is also the intent of the legislature that upon the adoption of the central filing system, security interest holders be encouraged to use such system in lieu of any other notice provided by Section 1324 of the Food Security Act of 1985 for farm products used or produced in New Mexico which are included in the central filing system. History: Laws 1987, ch. 177, § 2. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Cross references. — For Section 1324 of the federal Food Security Act of 1985, see 7 U.S.C. § 1631.
NM Stat § 56-13-5 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-5 - Certification of system.

The secretary of state shall apply to the secretary of the United States department of agriculture for certification of the central filing system provided by the Farm Products Secured Interest Act. History: Laws 1987, ch. 177, § 5. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997.
NM Stat § 56-13-6 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-6 - Filing.

A. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing of an effective financing statement, an amendment, a continuation statement or a termination statement shall be eleven dollars and fifty cents ($11.50). B. The fees set forth in Subsection A of this section shall apply to filing of all instruments on paper of a size as prescribed by the secretary of state. For instruments filed on paper of any other size, there shall be added to the original fee for filing the sum of three dollars ($3.00). The fee for attachments to all instruments submitted for filing shall be fifty cents ($.50) per page. History: Laws 1987, ch. 177, § 6. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Cross references. — For filing of financing statement under the Uniform Commercial Code, see 55-9-501 to 55-9-508 NMSA 1978.
NM Stat § 56-13-7 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-7 - Continuation statement.

A continuation statement may be filed by the secured party within six months prior to the expiration of the five-year period specified in Paragraph (6) of Subsection E of Section 56-13-3 NMSA 1978. Any such continuation statement shall be signed by the secured party, shall identify the original statement by file number and shall state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement shall be continued for five years after the last date to which the filing was effective, whereupon it shall lapse unless another continuation statement is filed prior to such lapse. If an effective financing statement exists at the time insolvency proceedings are commenced by or against the debtor, the effective financing statement shall remain effective until termination of the insolvency proceedings and thereafter for a period of sixty days or until the expiration of the five-year period, whichever occurs later. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. History: Laws 1987, ch. 177, § 7; 1999, ch. 99, § 1. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. The 1999 amendment, effective July 1, 1999, updated a statutory reference in the first sentence and deleted "and the debtor" following "secured party" in the second sentence.
NM Stat § 56-13-8 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-8 - Lapse or waiver.

A. Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party shall notify the debtor in writing of his right to have a notice of lapse of his effective financing statement filed which shall lead to the removal of his name from the files and lists compiled by the secretary of state. In lieu of such notice, the secured party may acquire a waiver of the debtor of such right and a request by the debtor that his effective financing statement be retained on file. Such notice may be given or waiver acquired by the secured party at any time prior to the time specified in this subsection for giving the notice. B. If the secured party does not furnish the notice or obtain the waiver specified in Subsection A of this section, the secured party shall, within ten days of final payment of all secured obligations, provide the debtor with a written notification of the debtor's right to have a notice of lapse filed. The secured party shall on written demand by the debtor send the debtor a notice of lapse to the effect that he no longer claims a security interest by file number. The notice of lapse need only be signed by the secured party. C. If the affected secured party fails to send a notice of lapse within ten days after proper demand pursuant to Subsection B of this section, such secured party shall be liable to the debtor for five hundred dollars ($500) in addition for any loss caused to the debtor by such failure. D. On presentation to the secretary of state of a notice of lapse, the secretary of state shall treat it as a termination statement and note it in the index. The secretary of state shall return one copy of the notice of lapse to the filing party stamped to show the time of receipt thereof. History: Laws 1987, ch. 177, § 8. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997.
NM Stat § 56-13-9 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-9 - Oral and written inquiries.

A. Oral and written inquiries regarding information provided by the filing of effective financing statements may be made at the office of the secretary of state during regular business hours. The fee for furnishing file information in writing shall be fifteen dollars ($15.00) for each debtor name searched by the secretary of state. Written confirmation of an oral or written inquiry shall be mailed no later than the end of the next business day after the inquiry is received. B. The secretary of state shall provide a system that assigns an identifying number to each inquiry made pursuant to Subsection A of this section. Such number shall be given to the inquiring party at the time of the oral response and shall be included in the written confirmation. The secretary of state shall maintain a record of inquiries made under this section which shall identify who made the inquiry, on whom the inquiry was made and the date of the inquiry. C. The secretary of state may provide for a computerized system for inquiry and confirmation which may be used in lieu of the inquiry and confirmation under Subsection A of this section. When such a system is implemented and used, it shall have the same effect as an inquiry and confirmation under Subsection A of this section. History: Laws 1987, ch. 177, § 9. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997.
NM Stat § 56-13-10 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-10 - Seller disclosure.

In order to verify the existence or the nonexistence of a security interest, a buyer in the ordinary course of business, commission merchant or selling agent may request a seller to disclose such seller's social security number or, in the case of a seller doing business other than as an individual, the internal revenue service taxpayer identification number of such seller. History: Laws 1987, ch. 177, § 10. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997.
NM Stat § 56-13-11 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-11 - Adoption of rules and regulations.

The secretary of state shall adopt and promulgate rules and regulations necessary to implement the Farm Products Secured Interest Act. If necessary to obtain federal certification of the central filing system, additional or alternative requirements made in conformity with Section 1324 of the Food Security Act of 1985 may be imposed by the secretary of state by rule and regulation. The secretary of state shall prescribe all forms to be used for filing effective financing statements and subsequent actions. History: Laws 1987, ch. 177, § 11. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Cross references. — For Section 1324 of the federal Food Security Act of 1985, see 7 U.S.C. § 1631.
NM Stat § 56-13-12 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-12 - Receipt of notice.

For purposes of Section 1324 of the Food Security Act of 1985, Public Law 99-198, "receipt of written notice" means the date the notice is actually received by a buyer in the ordinary course of business or the first date upon which delivery is attempted by a carrier. A buyer in the ordinary course of business shall act in good faith. In all cases a buyer in the ordinary course of business shall be presumed to have received the notice ten days after it was mailed. History: Laws 1987, ch. 177, § 12. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Cross references. — For Section 1324 of the federal Food Security Act of 1985, see 7 U.S.C. § 1631.
NM Stat § 56-13-13 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-13 - Rights of buyer in the ordinary course of business.

A. A buyer in the ordinary course of business, in buying farm products covered by the central filing system, shall take subject to the security interest identified under such system, except that a registrant or a buyer in the ordinary course of business making an inquiry under Section 9 [56-13-9 NMSA 1978] of the Farm Products Secured Interest Act shall not take subject to the security interest if the central filing system does not correctly identify the debtor. B. A buyer in the ordinary course of business buying farm products covered by an effective financing statement takes free of any security interest on such products if such buyer secures a waiver or release of the security interest specified in such effective financing statement from the secured party. If a buyer in the ordinary course of business buying farm products covered by the central filing system tenders to the seller the total purchase price by means of a check or other instrument payable to such seller and each security interest holder of the seller identified in the central filing system for such products and if such security interest holder authorizes the negotiation of such check or other instrument, such authorization or endorsement and payment thereof shall constitute a waiver or release of the security interest specified to the extent of the amount of the instrument. Such waiver or release of the security interest shall not serve to establish or alter in any way security interest or lien priorities under law. History: Laws 1987, ch. 177, § 13. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997.
NM Stat § 56-13-14 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 13 - Farm Products Secured Interests|Section 56-13-14 - Liability of secretary of state waived.

The secretary of state shall not be liable to any party for the authenticity of the information provided in an effective financing statement. History: Laws 1987, ch. 177, § 14. ANNOTATIONSCompiler's notes. — Laws 1995, ch. 190, § 19 amended Laws 1987, ch. 177, § 16, as amended by Laws 1992, ch. 8, § 1, to delete the provision providing that Laws 1987, ch. 177 is effective until July 1, 1997. Effective dates. — Laws 1987, ch. 177, § 16 made Laws 1987, ch. 177, § 14 effective January 1, 1988.
NM Stat § 56-14-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 14 - Worthless Checks|Section 56-14-1 - Civil action; damages.

A. In any civil action against a person for drawing any worthless check, the plaintiff may recover from the defendant damages in the amount equal to one hundred dollars ($100) or triple the amount for which the check is drawn, whichever is greater; provided that damages recovered under this section shall not exceed the amount of the check by more than five hundred dollars ($500) and may be awarded only if: (1) the plaintiff made written demand of the defendant for payment of the amount of the check not less than ten days before commencing action; and (2) the defendant failed to tender to the plaintiff prior to the commencement of the action an amount of money not less than the amount demanded. B. The written demand by the plaintiff shall include notice that if the money is not paid within ten days, triple damages may be incurred by the defendant. The plaintiff shall provide the defendant written notice of demand for payment by certified mail at the last known address of the defendant with a request for a return receipt and marked "deliver to addressee only". C. Subsequent to the commencement of the civil action but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court and service costs. D. If the court or jury determines that the failure of the defendant to satisfy the worthless check was due to economic hardship resulting from an inevitable accident or act of God, the court or jury may waive all or part of the statutory damages; provided the court or jury shall render judgment against the defendant for not less than the amount of the worthless check plus incurred court and service costs. E. As used in this section: (1) "draw" means making, drawing, uttering or delivering a worthless check; (2) "thing of value" includes money, property, services, goods, wares and lodging; and (3) "worthless check" means a check, draft or order for payment drawn upon any bank or other depository and issued in exchange for anything of value with intent to defraud when the drawer knows at the time of the issuing that there are insufficient funds in or credit with the bank or depository for the payment of the check, draft or order in full upon presentation; but does not mean any check where the payee or holder knows or has been expressly notified prior to the drawing of the check, draft or order for payment or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation nor does it mean any postdated check. History: Laws 1987, ch. 14, § 1.
NM Stat § 56-15-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-1 - Short title.

This act [56-15-1 to 56-19-19 NMSA 1978] may be cited as the "Uniform Assignment of Rents Act". History: Laws 2011, ch. 141, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.