reglab/housing_qa huggingface dataset:
NM Stat § 39-4C-14 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4C - Foreign-Money Claims|Section 39-4C-14 - Supplementary general principles of law.

Unless displaced by particular provisions of the Uniform Foreign-Money Claims Act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions. History: Laws 1991, ch. 181, § 14. ANNOTATIONSApplicability. — Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
NM Stat § 39-4C-15 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4C - Foreign-Money Claims|Section 39-4C-15 - Uniformity of application and construction.

The Uniform Foreign-Money Claims Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1991, ch. 181, § 15. ANNOTATIONSApplicability. — Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
NM Stat § 39-4C-16 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4C - Foreign-Money Claims|Section 39-4C-16 - Severability clause.

If any provision of the Uniform Foreign-Money Claims Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable. History: Laws 1991, ch. 181, § 16. ANNOTATIONSApplicability. — Laws 1991, ch. 181, § 18 makes the Uniform Foreign-Money Claims Act applicable to actions and distribution proceedings commenced after July 1, 1991.
NM Stat § 39-4D-1 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-1 - Short title.

This act may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act". History: Laws 2009, ch. 142, § 1. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-2 - Definitions.

As used in the Uniform Foreign-Country Money Judgments Recognition Act: A. "foreign country" means a government other than: (1) the United States; (2) a state, district, commonwealth, territory or insular possession of the United States; or (3) any other government with regard to which the decision in this state as to whether to recognize the judgments of that government's court is initially subject to determination under the full faith and credit clause of the United States constitution; B. "foreign-country judgment" means a judgment of a court of a foreign country; and C. "foreign court" means a court of a foreign country. History: Laws 2009, ch. 142, § 2. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-3 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-3 - Application.

A. Except as otherwise provided in Subsection B of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the foreign-country judgment: (1) grants or denies recovery of a sum of money; and (2) under the law of the foreign country where rendered, is final, conclusive and enforceable. B. The Uniform Foreign-Country Money Judgments Recognition Act does not apply to a foreign-country judgment, even if the foreign-country judgment grants or denies recovery of a sum of money, to the extent that the foreign-country judgment is: (1) a judgment for taxes; (2) a fine or other penalty; or (3) a judgment for divorce, support or maintenance, or other judgment rendered in connection with domestic relations. C. The party seeking recognition of a foreign-country judgment has the burden of establishing that the Uniform Foreign-Country Money Judgments Recognition Act applies to the foreign-country judgment. History: Laws 2009, ch. 142, § 3. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-4 - Standards for recognition of foreign-country judgment.

A. Except as otherwise provided in Subsections B and C of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies. B. A court of this state shall not recognize a foreign-country judgment if: (1) the foreign-country judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) the foreign court did not have personal jurisdiction over the defendant; or (3) the foreign court did not have jurisdiction over the subject matter. C. A court of this state need not recognize a foreign-country judgment if: (1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend; (2) the foreign-country judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (3) the foreign-country judgment or the cause of action on which the foreign-country judgment is based is repugnant to the public policy of this state or of the United States; (4) the foreign-country judgment conflicts with another final and conclusive judgment; (5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court; (6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; (7) the foreign-country judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the foreign-country judgment; or (8) the specific proceeding in the foreign court leading to the foreign-country judgment was not compatible with the requirements of due process of law. D. The party resisting recognition of the foreign-country judgment has the burden of establishing that one of the grounds for nonrecognition stated in Subsection B or C of this section exists. History: Laws 2009, ch. 142, § 4. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-5 - Personal jurisdiction.

A. A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally in the foreign country; (2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant; (3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country; (5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or (6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation. B. The list of bases for personal jurisdiction in Subsection A of this section is not exclusive, and the courts of this state may recognize bases of personal jurisdiction other than those listed in Subsection A of this section as sufficient to support a foreign-country judgment. History: Laws 2009, ch. 142, § 5. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-6 - Procedure for recognition of foreign-country judgment.

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. B. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense. History: Laws 2009, ch. 142, § 6. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-7 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-7 - Effect of recognition of foreign-country judgment.

If the court in a proceeding pursuant to Section 6 [39-4D-6 NMSA 1978] of the Uniform Foreign-Country Money Judgments Recognition Act finds that the foreign-country judgment is entitled to recognition under that act, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: A. conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and B. enforceable in the same manner and to the same extent as a judgment rendered in this state. History: Laws 2009, ch. 142, § 7. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-8 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-8 - Stay of proceedings pending appeal of foreign-country judgment.

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the party appealing has had sufficient time to prosecute the appeal and has failed to do so. History: Laws 2009, ch. 142, § 8. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-9 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-9 - Statute of limitations.

An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country. History: Laws 2009, ch. 142, § 9. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-10 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-10 - Saving clause.

The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of that act. History: Laws 2009, ch. 142, § 10. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009.
NM Stat § 39-4D-11 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4D - Uniform Foreign-Country Money Judgments Recognition Act|Section 39-4D-11 - Uniformity of interpretation.

In applying and construing the Uniform Foreign-Country Money Judgments Recognition 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 2009, ch. 142, § 11. ANNOTATIONSEffective dates. — Laws 2009, ch. 142, § 14 made the act effective July 1, 2009. Applicability. — Laws 2009, ch. 142, § 13 provided that actions commenced before July 1, 2009 in which the issue of the recognition of a foreign country judgment is raised are governed by the Uniform Money-Judgments Recognition Act as if that act had not been repealed; and, that the Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after July 1, 2009 in which the issue of recognition of a foreign-country judgment is raised.
NM Stat § 39-5-1.1 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-1.1 - Judicial sales of perishable property; court order; petition; hearing.

In all cases of the sale of perishable goods by virtue of any execution or other process pursuant to the provisions of Section 39-5-1 NMSA 1978 or by virtue of the foreclosure of a landlord's lien pursuant to the provisions of Section 48-3-14 NMSA 1978, when the property being sold is of a perishable nature and liable to be lost or diminished in value before the time for the notice required for such sale has elapsed, the judgment creditor or the lienholder may petition the judge of the district court having jurisdiction, setting forth the kind, nature and condition of the property being sold, its approximate value and the possibility of damage to its value. If the judge finds the petition sufficient in form and conditions, he may hear testimony of witnesses as to the property and if he believes that the interests of both the owner of the goods and the lienholder or judgment creditor will be protected by the sale, he may order such sale to be made, may order the posting of appropriate security and may direct the manner of such sale. History: Laws 1981, ch. 13, § 1.
NM Stat § 39-5-1.2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-1.2 - ["Real estate" and "real property" defined.]

As used in Chapter 39, Article 5 NMSA 1978 "real estate" or "real property" includes leaseholds. As used in this section, "leasehold" means an estate in real estate or real property held under a lease. History: 1978 Comp., § 39-5-1.2, enacted by Laws 1991, ch. 234, § 2. ANNOTATIONSValidating clauses. — Laws 1991, ch. 234, § 4 defines "leasehold" to mean an estate in real estate or real property held under a lease and validates as correct and legally effective filings or recordings to give constructive notice any actions taken prior to April 4, 1991 to file or record leases, memoranda, assignments or amendments thereto, leasehold mortgages or other writings affecting leaseholds or any interests in leaseholds in accordance with legal requirements for the filing or recording of writings affecting the title to real estate or real property. Mechanic's liens. — The purpose of mechanic's lien statute is remedial in nature and is meant to protect those who, in good faith, have enhanced the value of another's property. Moreover, that statute is to be liberally construed. When these policy interests are viewed in light of the 1991 amendments to Sections 39-5-1.2 and 47-1-1 NMSA 1978, specifically providing that leaseholds are real estate, and in light of recent case law, a mechanic's lien may attach to a leasehold interest in real property. In re Furr's Supermarkets, Inc., 315 B.R. 776 (Bankr. D.N.M. 2004).
NM Stat § 39-5-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-2 - [Unlawful sales; liability of officer.]

If any sheriff or other person shall sell any lands, tenements, goods or chattels by virtue of any process otherwise than in the manner aforesaid or without such previous notice, the sheriff or other person so offending shall for every offense, forfeit and pay the sum of fifty dollars [($50.00)] with costs of suit in any district court in this territory [state], to be recovered by the person whose lands are sold. History: Laws 1895, ch. 37, § 2; C.L. 1897, § 3114; Code 1915, § 2196; C.S. 1929, § 46-107; 1941 Comp., § 21-202; 1953 Comp., § 24-2-2. ANNOTATIONSEffect of irregularities. — This section and 39-5-1 NMSA 1978 are not limitations on power to sell unless they provide expressly or by necessary implication that sales made in violation thereof are void; irregularities may be waived by failure to object until after trial court has lost jurisdiction. McCloskey v. Shortle, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294. Setting aside prejudicial sale. — Although the grounds upon which an execution sale may be set aside are not specified by statute, nor is any reference made to court's right to set aside a sale, it is nevertheless recognized by all courts that in order to prevent abuses of their process they may set aside a sale for fraud, unfairness or irregularities of a prejudicial nature. Columbus Elec. Coop. v. Brown, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757. Confirmation of conditional bid. — A district court had power to confirm a mortgage foreclosure sale by master, notwithstanding bid was conditional, since court could in its original decree provide for payment in the same way. McCloskey v. Shortle, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294. Am. Jur. 2d, A.L.R. and C.J.S. references. — Violation of direction of decree or order as regards sale of land in parcels or in gross as affecting validity of sale and title of purchaser, 84 A.L.R. 324. Liability of officer (or sureties on his bond) who conducted sale of property under execution, or other process, to creditors, other than one for whom sale was made, for failure to comply with statutory requirements in making sale, 125 A.L.R. 1147. Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280. 80 C.J.S. Sheriffs and Constables § 87.
NM Stat § 39-5-3 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-3 - [Contents of sale notices.]

All notices of sale by sheriffs under execution, order or decree of any district court in this state shall contain as briefly as possible the style or title of the cause in which said judgment, order or decree was obtained, the nature of the action, the date of the rendition of said judgment, or the making of said order or decree, the amount thereof, with interest to date of sale, and the description of the property to be sold, sufficient for the complete identification thereof, together with a statement of the date, hour and conditions of said sale. History: Laws 1887, ch. 36, § 4; C.L. 1897, § 3115; Code 1915, § 2198; C.S. 1929, § 46-109; 1941 Comp., § 21-203; 1953 Comp., § 24-2-3. ANNOTATIONSFailure to state principal and interest. — Where the amount is stated for which the property will be sold, but the statement is informal in not stating the amount of principal and interest, it is not sufficient to avoid the sale. Dewitz v. Joyce-Pruitt Co., 1915-NMSC-064, 20 N.M. 572, 151 P. 237. Specific property. — This execution is not one for enforcement of liens upon specific property, such as mortgages and the like. Crowell v. Kopp, 1919-NMSC-065, 26 N.M. 146, 189 P. 652. Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 465 et seq. 33 C.J.S. Executions § 211; 50 C.J.S. Judicial Sales § 10.
NM Stat § 39-5-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 5 - Sales Under Execution and Foreclosure|Section 39-5-4 - [Notice of sale for personal property not exceeding three hundred dollars.]

That hereafter when personal property shall be sold under execution issued out of any justice court [magistrate court], or from the district court, when the property seized under execution does not exceed three hundred dollars, ($300.00), notice of such sale may be given by posting written or printed notices of such sale at least ten days prior to the date of sale in at least five public places in the county, one of which places shall be at the courthouse in said county, and one at the place where said sale is to be held. History: Laws 1931, ch. 8, § 1; 1935, ch. 68, § 1; 1941 Comp., § 21-204; 1953 Comp., § 24-2-4. ANNOTATIONSCross references. — For publication of "legal notice," see 14-11-1 NMSA 1978 et seq. Bracketed material. — The bracketed reference to "magistrate courts" was inserted by the compiler, as the office of justice of the peace was abolished by 35-1-38 NMSA 1978, which provides that reference in the laws to justices of the peace shall be construed to refer to the magistrate courts. The bracketed material was not enacted by the legislature and is not part of the law. Compiler's notes. — Laws 1935, ch. 68, § 1, identifies the section being amended as Laws 1931, ch. 8, § 1. Due process requirements. — Where a party with a recorded interest in property has been properly served and has had actual notice of a complaint in foreclosure and participates in the proceedings to the extent of approving a judgment and decree of foreclosure directing sale of the foreclosed property, and thereafter is on constructive notice of the time and place of sale, he has received all due process to which he is entitled before being deprived of his interest in the property. Production Credit Ass'n v. Williamson, 1988-NMSC-041, 107 N.M. 212, 755 P.2d 56. Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 465 et seq. 33 C.J.S. Executions § 211.