2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-21 - [Redemption of real property sold on execution.]

When any real estate shall be sold under a writ of execution issued out of the district court upon any money judgment against a defendant or defendants, the defendants or any one defendant, where there shall be more than one defendant, the heirs, personal representatives or assigns of said defendant or defendants may redeem the property within nine months after the sale thereof, by paying to the purchaser, his personal representatives or assigns, the amount paid with interest thereon at the rate of ten per centum per annum from the date of sale, together with any and all taxes, penalties and interest thereon paid by the purchaser, together with ten per centum interest per annum upon the amount so paid for taxes, interest and penalties from the date of payment, or by making deposit of like amount in cash in the office of the clerk of the district court out of which such writ of execution was issued, at any time within nine months from the date of sale.
History:
Laws 1931, ch. 149, § 4; 1941 Comp., § 21-221; 1953 Comp., § 24-2-21.
ANNOTATIONS
Cross references.
— For redemption of real property sold under judgment or decree of foreclosure,
see
39-5-18 and 39-5-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 434 et seq.
"Owner," scope and import of term, in statutes declaring who may redeem from sale under execution, 2 A.L.R. 794, 95 A.L.R. 1085.
Redemption by one having two or more liens on same property, 3 A.L.R. 163.
Redemption from mortgage or judicial sale as affecting lien intervening that under which property was sold and that under which it was redeemed, 26 A.L.R. 435.
Right of receiver to exercise or sell insolvent's right to redeem from judicial, execution, or tax sale, 35 A.L.R. 262.
Right of stockholder to redeem corporate property from execution or mortgage sale, 39 A.L.R. 1056.
Remedy for fraud preventing redemption from judicial sale, 44 A.L.R. 690.
Right of mortgagor or owner of equity of redemption to cut timber, 57 A.L.R. 451.
Effect of redemption by one who has assigned or parted with his interest in the property, 57 A.L.R. 1021.
Unexpired right of redemption as affecting status of purchaser at judicial or execution sale as sole unconditional owner within insurance policy, 91 A.L.R. 1439.
Constitutionality, construction, and application of statute as to effect of taking appeal, or staying execution, on right to redeem from execution or judicial sale, 107 A.L.R. 879.
Creditor's right to redeem from own sale, 108 A.L.R. 993.
Mechanic's lienholder's right to redeem from own sale, 108 A.L.R. 996.
Redemption by creditor from execution or foreclosure sale of debtor's property worth more than the redemption cost as satisfaction in whole or part of debt to redeeming creditor, 138 A.L.R. 949.
Doctrine of equitable conversion as affecting right of redemption from execution or judicial sale, 138 A.L.R. 1296.
Right of purchaser at execution or judicial sale to value of personal use and occupation by judgment debtor or his successor in interest during period of redemption, 153 A.L.R. 739.
Judgment creditors, other than the one on whose execution the sale was made, who may redeem from execution sale, 58 A.L.R.2d 467.
Sufficiency of tender of payment to effect defaulting vendee's redemption of rights in land purchased, 37 A.L.R.4th 286.
Constitutionality, construction and application of statute as to effect of taking appeal, or staying execution, on right to redeem for execution or judicial sale, 44 A.L.R.4th 1229.
33 C.J.S. Executions §§ 253 to 265.