reglab/housing_qa huggingface dataset:
NM Stat § 56-15-3 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-3 - Manner of giving notification.

A. Except as otherwise provided in Subsections C and D of this section, a person gives a notification or a copy of a notification pursuant to the Uniform Assignment of Rents Act: (1) by depositing it with the United States postal service or with a commercially reasonable delivery service, properly addressed to the intended recipient's address as specified in Subsection B of this section, with first-class postage or cost of delivery provided; or (2) if the recipient agreed to receive notification by facsimile transmission, electronic mail or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement. B. The following rules determine the proper address for giving a notification pursuant to Subsection A of this section: (1) a person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address; (2) a person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address; and (3) if a tenant's agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement. C. If a person giving a notification pursuant to the Uniform Assignment of Rents Act and the recipient have agreed to the method for giving a notification, any notification shall be given by that method. D. If a notification is received by the recipient, it is effective even if it was not given in accordance with Subsection A or C of this section. History: Laws 2011, ch. 141, § 3. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-4 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-4 - Security instrument creates assignment of rents; assignment of rents creates security interest.

A. An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise. B. An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property. History: Laws 2011, ch. 141, § 4. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-5 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-5 - Recordation; perfection of security interest in rents; priority of conflicting interests in rents.

A. A document creating an assignment of rents may be submitted for recording in the office of the county clerk in the same manner as any other document evidencing a conveyance of an interest in real property. B. Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of New Mexico other than the Uniform Assignment of Rents Act would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property or the appointment of a receiver. C. Except as otherwise provided in Subsection D of this section, a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected: (1) acquires a judicial lien against the rents or the real property from which the rents arise; or (2) purchases an interest in the rents or the real property from which the rents arise. D. A perfected security interest in rents has priority over the rights of a person described in Subsection C of this section with respect to future advances to the same extent as the assignee's security interest in the real property has priority over the rights of that person with respect to future advances. History: Laws 2011, ch. 141, § 5. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-6 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-6 - Enforcement of security interest in rents.

A. An assignee may enforce an assignment of rents using one or more of the methods specified in Sections 7, 8 and 9 [56-15-7, 56-15-8 and 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act or any other method sufficient to enforce the assignment pursuant to any law of New Mexico other than that act. B. From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver pursuant to Section 7 of the Uniform Assignment of Rents Act, the receiver is entitled to collect all rents that: (1) have accrued but remain unpaid on that date; and (2) accrue on or after that date, as those rents accrue. History: Laws 2011, ch. 141, § 6. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-8 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-8 - Enforcement by notification to assignor.

A. Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect pursuant to Section 6 [56-15-6 NMSA 1978] of the Uniform Assignment of Rents Act. The assignee shall also give a copy of the notification to any other person that, ten days before the notification date, held a recorded assignment of rents arising from the real property. B. If an assignee enforces an assignment of rents pursuant to this section, the date of enforcement is the date on which the assignor receives a notification pursuant to Subsection A of this section. C. An assignee's failure to give a notification pursuant to Subsection A of this section to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act. D. An assignee that holds a security interest in rents solely by virtue of Subsection A of Section 4 [56-15-4 NMSA 1978] of the Uniform Assignment of Rents Act shall not enforce the security interest pursuant to this section while the assignor occupies the real property as the assignor's primary residence. History: Laws 2011, ch. 141, § 8. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-11 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-11 - Effect of enforcement.

The enforcement of an assignment of rents by one or more of the methods identified in Sections 7, 8 and 9 [56-15-7, 56-15-8 and 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act, the application of proceeds by the assignee pursuant to Section 12 [56-15-12 NMSA 1978] of that act after enforcement, the payment of expenses pursuant to Section 13 [56-15-13 NMSA 1978] of that act or an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act does not: A. make the assignee a mortgagee in possession of the real property; B. make the assignee an agent of the assignor; C. constitute an election of remedies that precludes a later action to enforce the secured obligation; D. make the secured obligation unenforceable; or E. limit any right available to the assignee with respect to the secured obligation. History: Laws 2011, ch. 141, § 11. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-12 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-12 - Application of proceeds.

Unless otherwise agreed, an assignee that collects rents pursuant to the Uniform Assignment of Rents Act or collects upon a judgment in an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act shall apply the sums collected in the following order to: A. the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by any law of New Mexico other than the Uniform Assignment of Rents Act, reasonable attorney fees and costs incurred by the assignee; B. reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment; C. payment of the secured obligation; D. payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and E. the assignor. History: Laws 2011, ch. 141, § 12. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-13 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-13 - Application of proceeds to expenses of protecting real property; claims and defenses of tenant.

A. Unless otherwise agreed by the assignee, and subject to Subsection C of this section, an assignee that collects rents following enforcement pursuant to Section 8 or 9 [56-15-8, 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment. B. Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor's nonperformance of that agreement. C. The Uniform Assignment of Rents Act does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the grounds that the assignee's nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant's interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by any law of New Mexico other than the Uniform Assignment of Rents Act. History: Laws 2011, ch. 141, § 13. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-14 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-14 - Turnover of rents; commingling and identifiability of rents; liability of assignor.

A. As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. B. If an assignor collects rents that the assignee is entitled to collect pursuant to the Uniform Assignment of Rents Act: (1) the assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and (2) the assignee continues to have a security interest in the proceeds so long as they are identifiable. C. For purposes of the Uniform Assignment of Rents Act, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including application of equitable principles, that is permitted pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act with respect to commingled funds. D. In addition to any other remedy available to the assignee pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act, if an assignor fails to turn over proceeds to the assignee as required by Subsection B of this section, the assignee may recover from the assignor in a civil action: (1) the proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over pursuant to Subsection B of this section; and (2) reasonable attorney fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by any law of New Mexico other than the Uniform Assignment of Rents Act. E. The assignee may maintain an action pursuant to Subsection D of this section without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action shall be applied in the manner specified in Section 12 [56-15-12 NMSA 1978] of the Uniform Assignment of Rents Act. F. Unless otherwise agreed, if an assignee entitled to priority pursuant to Subsection C of Section 5 [56-15-5 NMSA 1978] of the Uniform Assignment of Rents Act enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest pursuant to Section 8 or 9 [56-15-8, 56-15-9 NMSA 1978] of that act, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification. History: Laws 2011, ch. 141, § 14. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-15 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-15 - Perfection and priority of assignee's security interest in proceeds.

A. As used in this section: (1) "Article 9" means Chapter 55, Article 9 NMSA 1978 or, to the extent applicable to any particular issue, Article 9 of the Uniform Commercial Code as adopted by the state whose laws govern that issue pursuant to the choice-of-laws rules contained in Chapter 55, Article 9 NMSA 1978; and (2) "conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is: (a) a security interest arising pursuant to Article 9; or (b) any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds. B. An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9. C. Except as otherwise provided in Subsection D of this section, priority between an assignee's security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9. D. An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control pursuant to Article 9 but has priority over a conflicting interest that is perfected other than by control. History: Laws 2011, ch. 141, § 15. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-16 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-16 - Priority subject to subordination.

The Uniform Assignment of Rents Act does not preclude subordination by agreement as to rents or proceeds. History: Laws 2011, ch. 141, § 16. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-17 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-17 - Uniformity of application and construction.

In applying and construing the Uniform Assignment of Rents Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2011, ch. 141, § 17. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-18 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-18 - Relation to Federal Electronic Signatures in Global and National Commerce Act.

The Uniform Assignment of Rents Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act. History: Laws 2011, ch. 141, § 18. ANNOTATIONSCross references. — For the federal Electronic Signatures in Global and National Commerce Act, see 15 U.S.C. § 7001. Effective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 56-15-19 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 15 - Uniform Assignment of Rents|Section 56-15-19 - Application to existing relationships.

A. Except as otherwise provided in this section, the Uniform Assignment of Rents Act governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before the effective date of that act. B. The Uniform Assignment of Rents Act does not affect an action or proceeding commenced before the effective date of that act. C. Subsection A of Section 4 [56-15-4 NMSA 1978] of the Uniform Assignment of Rents Act does not apply to any security instrument signed and delivered before the effective date of that act. D. The Uniform Assignment of Rents Act does not affect: (1) the enforceability of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was enforceable; (2) the perfection of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was perfected; or (3) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before the effective date of that act, the interest of the other person was enforceable and perfected, and that priority was established. History: Laws 2011, ch. 141, § 19. ANNOTATIONSEffective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
NM Stat § 57-1-1.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-1.1 - Short title.

Sections 57-1-1 through 57-1-15 NMSA 1978 may be cited as the "Antitrust Act". History: 1978 Comp., § 57-1-1.1, enacted by Laws 1979, ch. 374, § 2. ANNOTATIONSCompiler's notes. — Although this section defines the Antitrust Act as 57-1-1 through 57-1-15 NMSA 1978, Laws 1987, Chapter 37 seems to add 57-1-16 and 57-1-17 NMSA 1978 to the Antitrust Act. Law reviews. — For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
NM Stat § 57-1-1.2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-1.2 - Definition.

As used in the Antitrust Act, "person" means an individual, corporation, business trust, partnership, association or any governmental or other legal entity with the exception of the state, except as used in Subsection B of Section 57-1-3 NMSA 1978, and the United States. History: 1978 Comp., § 57-1-1.2, enacted by Laws 1979, ch. 374, § 3; 1987, ch. 37, § 2. ANNOTATIONSCompiler's notes. — Although this section defines the Antitrust Act as 57-1-1 through 57-1-15 NMSA 1978, Laws 1987, Chapter 37 seems to add 57-1-16 and 57-1-17 NMSA 1978 to the Antitrust Act. The 1987 amendment, effective June 19, 1987, substituted "except as used in Subsection B of Section 57-1-3 NMSA 1978" for "of New Mexico" following "with the exception of the state." Law reviews. — For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).