Except as otherwise provided in this section, a deed of trust, notice of resignation of trustee, assignment of a beneficial interest in a deed of trust, notice of sale, cancellation of notice of sale, trustee's deed, release of deed of trust and any instrument by which a deed of trust is subordinated or waived as to priority, if acknowledged as provided by law, shall from the time of being recorded impart notice of the content to all persons, including subsequent purchasers, mortgagees and encumbrancers for value. The recording of an assignment of the beneficial interest in a deed of trust shall not be deemed notice of the assignment to the trustor or the trustee so as to make ineffective any payment made by the trustor or received by the trustee or to preclude the application of proper credit for the payment and shall not be deemed notice to the trustor or the trustee for any other purpose. Such assigned beneficial interest is not entitled to recognition by the trustor or the trustee until actual notice of the assignment is given to the trustor or the trustee.
History: Laws 1987, ch. 61, ยง 20.
Structure 2021 New Mexico Statutes
Chapter 48 - Liens and Mortgages
Section 48-10-1 - Short title.
Section 48-10-3 - Definitions.
Section 48-10-6 - Trustee of deed of trust; qualification.
Section 48-10-7 - Appointment of successor trustee by beneficiary.
Section 48-10-8 - Deed of trust as security.
Section 48-10-9 - Grants in trust of real estate; uses.
Section 48-10-10 - Sale of trust real estate; power of trustee; foreclosure of deed of trust.
Section 48-10-11 - Notice of trustee's sale.
Section 48-10-12 - Request for copies of notice of sale; mailing by trustee or beneficiary.
Section 48-10-13 - Sale by public auction; postponement of sale.
Section 48-10-14 - Payment of bid; trustee's deed.
Section 48-10-15 - Disposition of proceeds of sale.
Section 48-10-16 - Redemption.
Section 48-10-18 - Method of indexing.
Section 48-10-19 - Limitation on action or sale of trust real estate.
Section 48-10-20 - Notice from instruments recorded; assignment of a beneficial interest.