2021 New Mexico Statutes
Article 55A - County Improvement Districts
Section 4-55A-24 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Any delinquent assessment has the effect of a mortgage and shall be foreclosed and sold in the manner provided by law for the foreclosure of mortgages on real estate. In any action seeking the foreclosure of a lien against any tract or parcel of land assessed by a county for the construction of any project after either or both assignable certificates or bonds have been issued, if there is no other purchaser for the tract or parcel of land having a delinquent assessment, the county as trustee of the fund from which the assignable certificates or bonds are to be paid, may:
A. purchase the tract or parcel of land sold at the foreclosure sale; and
B. bid, in lieu of cash, the full amount of the assessment, interest, penalties, attorneys' fees and costs found by the court to be due and payable under the ordinance creating the lien and any cost taxed by the court in the foreclosure proceedings against the property ordered sold.
History: Laws 1980, ch. 91, § 24; 1991, ch. 199, § 46.
The 1991 amendment, effective April 4, 1991, inserted "foreclosure", deleted "street improvement" preceding "liens" and deleted "where bonds were exchanged for certificates" following "liens" in the catchline; added the present first sentence; substituted "or bonds have been issued, if there is no other purchaser for the tract or parcel of land having delinquent assessment, the county as trustee of the fund from which the assignable certificates or bonds are to be paid, may" for "and negotiable coupon bonds have been issued, the trustee of the fund from which the bonds are to be paid, may" at the end of the introductory paragraph; and, in Subsection B, inserted "penalties, attorneys' fees and costs" and made a related stylistic change.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 4 - Counties

Article 55A - County Improvement Districts

Section 4-55A-1 - Short title.

Section 4-55A-2 - Improvement district; definitions.

Section 4-55A-3 - Improvement district; authorization; limitation.

Section 4-55A-4 - Improvement district; purpose.

Section 4-55A-4.1 - Improvement district; additional purpose.

Section 4-55A-5 - Improvement district; powers of a county.

Section 4-55A-6 - Improvement district; limitations on powers of county with respect to street or right of way under jurisdiction of state transportation commission.

Section 4-55A-7 - Improvement district; provisional order method; procedure; preliminary lien; notice of pendency of district; effect.

Section 4-55A-8 - Improvement district; notice of assessment; protests.

Section 4-55A-9 - Improvement district; provisional order; protest; action in district court.

Section 4-55A-10 - Improvement district; petition method; requirements; distribution of costs; notice of hearing.

Section 4-55A-11 - Improvement district; notice of preliminary hearing.

Section 4-55A-12 - Improvement district; preliminary hearing; protest; action of the board; action in district court.

Section 4-55A-12.1 - Imposition of improvement district property tax; limitations.

Section 4-55A-13 - Improvement district; levy and collection of assessments prior to commencing improvement; special fund; misuse; penalty.

Section 4-55A-14 - Improvement district; advertising for bids; county may do work; contribution by governmental agency.

Section 4-55A-15 - Notice of bid; acceptance of bid.

Section 4-55A-16 - Improvement district; assessment of railroad property.

Section 4-55A-17 - Improvement district; assessment roll; notice of assessment hearing.

Section 4-55A-18 - Improvement district; filing of objections; assessment hearing; action of the board; appeal to district court.

Section 4-55A-19 - Improvement district; assessments; terms of payment; liens.

Section 4-55A-20 - Improvement district; authority to issue bonds or assignable certificates.

Section 4-55A-21 - Improvement district; rights of negotiable bondholders or assignable certificate holders.

Section 4-55A-22 - Improvement district; additional duties imposed on county.

Section 4-55A-23 - Improvement district; acceptance of deed in lieu of foreclosure.

Section 4-55A-24 - Improvement district; foreclosure; trustee may purchase at foreclosure of liens; contents of bid.

Section 4-55A-25 - Improvement district; title subject to redemption vests in trustee.

Section 4-55A-26 - Improvement district; private or public sale of property; redemption period; application for authorization; appraisement; disposition of proceeds.

Section 4-55A-27 - Improvement district; assessment funds; expenditures; misuse; penalties.

Section 4-55A-28 - Transfer of improvement district funds.

Section 4-55A-29 - Improvement district; reassessment after voiding of assessments; procedure.

Section 4-55A-30 - Improvement district; reassessment; defects waived; credit for previous payment.

Section 4-55A-31 - Improvement district; appeal to district court.

Section 4-55A-32 - Improvement district; payment of reassessment; continuing proceedings to collect assessment.

Section 4-55A-33 - Improvement district; appeal of reassessment; procedure exclusive.

Section 4-55A-34 - Improvement district; application of reassessment fund to outstanding indebtedness.

Section 4-55A-35 - Improvement district; refunding improvement bonds; authority.

Section 4-55A-36 - Refunding bonds; escrow; detail.

Section 4-55A-37 - Improvement district; ordinance for refunding bonds; conditions; sale or exchange.

Section 4-55A-38 - Improvement district; payment of assessment for refunding bond; maximum term; interest; prepayment; liens.

Section 4-55A-39 - Improvement district; construction of sections.

Section 4-55A-40 - Street and road improvement fund authorization.

Section 4-55A-41 - Street and road improvement fund; use.

Section 4-55A-42 - Street and road improvement fund; repurchasing bonds or certificates; pledging income.

Section 4-55A-43 - Street and road improvement fund; diverting proceeds from tax.