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 sale shall be taxed against the defendant; each party may have one revaluation of the property, at his costs, after the first offer to sell.
History: Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 31; C.L. 1884, § 2181; C.L. 1897, § 3129; Code 1915, § 2212; C.S. 1929, § 46-123; 1941 Comp., § 21-214; 1953 Comp., § 24-2-14.
Law reviews. — For article, "Judicial Adoption of Comparative Fault in New Mexico: The Time Is at Hand," see 10 N.M.L. Rev. 3 (1979-80).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 5 - Sales Under Execution and Foreclosure
Section 39-5-1 - [Time and notice of judicial sales.]
Section 39-5-1.1 - Judicial sales of perishable property; court order; petition; hearing.
Section 39-5-1.2 - ["Real estate" and "real property" defined.]
Section 39-5-2 - [Unlawful sales; liability of officer.]
Section 39-5-3 - [Contents of sale notices.]
Section 39-5-4 - [Notice of sale for personal property not exceeding three hundred dollars.]
Section 39-5-5 - [Limit on sale price of real estate.]
Section 39-5-6 - [Sheriff to ascertain value.]
Section 39-5-7 - [Selection of appraisers; appraisal.]
Section 39-5-8 - [Appraiser failing to act.]
Section 39-5-9 - [Schedule of property.]
Section 39-5-10 - [No duty to ascertain amount of liens.]
Section 39-5-11 - [Oath of appraisers.]
Section 39-5-12 - [Unsold property; return.]
Section 39-5-13 - [Lien continues; alias writ.]
Section 39-5-14 - [Reoffer of unsold property; costs; revaluation.]
Section 39-5-16 - Foreclosure after March 15; growing crops.
Section 39-5-17 - Time for sale under judgment or decree of foreclosure; avoidance of sale.
Section 39-5-19 - Application; shorter redemption period.
Section 39-5-21 - [Redemption of real property sold on execution.]
Section 39-5-22 - [Rights of purchaser upon redemption; growing crops; rents and profits; waste.]