Chapter 39 — Chapter 39

History: Laws 1991, ch. 180, § 4; repealed by Laws 2009, ch. 142, § 12.

History: Laws 1991, ch. 180, § 5; repealed by Laws 2009, ch. 142, § 12.

History: Laws 1991, ch. 180, § 6; repealed by Laws 2009, ch. 142, § 12.

History: Laws 1991, ch. 180, § 7; repealed by Laws 2009, ch. 142, § 12.

History: Laws 1991, ch. 180, § 8; repealed by Laws 2009, ch. 142, § 12.

History: Laws 1991, ch. 180, § 9; repealed by Laws 2009, ch. 142, § 12.

Sections 1 through 16 [39-4C-1 to 39-4C-16 NMSA 1978] of this act may be cited as the Uniform Foreign-Money Claims Act. History: Laws 1991, ch. 181, § 1.

A. With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in Subsection B of this section, are matters of the substantive law governing the right to …

A. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 [39-4C-8 NMSA 1978] of the Uniform Foreign-Money Clai…

claims for limited purposes. A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. B. For the limited purpose of facilitating the…

A. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversio…

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, bankr…

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.

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 th…

As used in the Uniform Foreign-Money Claims Act: A. "action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim; B. "bank-offered spot rate" means the spot rate of exchange at which a bank will s…

A. The Uniform Foreign-Money Claims Act applies only to a foreign-money claim in an action or distribution proceeding. B. The Uniform Foreign-Money Claims Act applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues …

A. The effect of the Uniform Foreign-Money Claims Act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. B. Parties to a transaction may agree upon the money to be used in a transaction giv…

A. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. B. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: (…

claims. A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. B. If an amount contracted to be paid in a foreign money is to be measured by a different money at …

A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by…

money conversion; form of judgment. A. Except as provided in Subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. B. A judgment or award on a foreign-money claim is payable in that foreign money or, at t…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

This act may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act". History: Laws 2009, ch. 142, § 1.

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.

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.

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…

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 l…

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 j…

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 pro…

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 i…

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 o…

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 su…

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 count…

That no lands, tenements, goods or chattels shall be sold by virtue of any execution or other process, including chattel or real estate mortgages, unless such sale be at public vendue, between the hours of nine in the morning and the setting of the sun of the same day, nor unless…

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…

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.

It shall not be the duty of the sheriff or appraisers to ascertain the amount of liens or encumbrances, but either party may furnish the sheriff with a list thereof, with the amount and nature of each. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 25; C.L. 1884, § 2176; C.…

The appraisers shall take and subscribe an oath annexed to such appraisements, to the effect that the property mentioned in the schedule is, to the best of their judgment, worth the sums specified therein, that the same is the fair cash value thereof at the time, exclusive of lie…

When any property levied on remains unsold, it shall be the duty of the sheriff, when he returns the execution, to return the appraisement therewith, stating in his return the failure to sell, and the cause of the failure. History: Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 29; …

The lien of the levy upon the property shall continue until the debt is paid, and the clerk, unless otherwise directed by the plaintiff, shall forthwith issue another execution, reciting the return of the former execution, the levy and failure to sell, and directing the sheriff t…

Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be reoffered at any time before the return day of the execution, at his cost, as often as he may direct, but in case of the sale of the property, the costs of such offer and s…

heirs and devisees parties defendant.] In all actions brought for the foreclosure of any real estate mortgage or deed of trust where the plaintiff alleges in his complaint that any person who is now deceased, during his lifetime, claimed a lien upon the real estate described in s…

In cases of mortgage foreclosures of property on which there is a growing crop and when the proceeding has been commenced after March 15 of any year, the mortgagor shall not be dispossessed by any means whatsoever until the crop has been fully harvested, and the mortgagor shall b…

avoidance of sale. No real property shall be sold under any judgment or decree of court foreclosing any mechanic's or materialman's lien, mortgage, mortgage deed, trust deed or any other written instrument which may operate as a mortgage, until thirty days after the date of entry…

decree of foreclosure; notice and hearing; redemption amount; priority of redemption rights. A. After sale of real estate pursuant to the order, judgment or decree of foreclosure in the district court, the real estate may be redeemed by the former defendant owner of the real esta…

This section and Section 39-5-18 NMSA 1978 do not apply to any foreclosure sale made before the effective date of this section. The parties to any such instrument may, by its terms, shorten the redemption period to not less than one month, but the district court may in such cases…

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 do…

ANNOTATIONS Repeals. — Laws 1987, ch. 61, § 25 repeals 39-5-20 NMSA 1978, as enacted by Laws 1931, ch. 149, § 3, relating to redemption of real property sold under power of sale in an instrument, effective June 19, 1987. For provisions of former section, see NMOneSource.com. For …

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 assig…

rents and profits; waste.] Whenever any property shall be redeemed under the terms or provisions of any section of this act [39-5-17 to 39-5-23 NMSA 1978], the purchaser, his personal representatives or assigns shall have the growing crops upon such lands and shall not be respons…