New Mexico Statutes
Article 5 - Sales Under Execution and Foreclosure
Section 39-5-16 - Foreclosure after March 15; growing crops.

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 be entitled to retain the crops; provided, however, that the mortgage instrument may provide otherwise.
History: Laws 1934 (S.S.), ch. 26, § 1; 1941 Comp., § 21-217; 1953 Comp., § 24-2-17; 1991, ch. 229, § 1.
Cross references. — For right of purchaser upon redemption to growing crops, see 39-5-22 NMSA 1978.
The 1991 amendment, effective June 14, 1991, added the catchline; substituted "mortgagor" for "mortgagee"; inserted "the mortgagor"; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425, 113 A.L.R. 1355.
Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.
59 C.J.S. Mortgages § 313.

Structure New Mexico Statutes

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 39-5-15 - [Foreclosure; lien claimed by deceased; making unknown heirs and devisees parties defendant.]

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 39-5-18 - Redemption of real property sold under judgment or decree of foreclosure; notice and hearing; redemption amount; priority of redemption rights.

Section 39-5-19 - Application; shorter redemption period.

Section 39-5-20 - Repealed.

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.]

Section 39-5-23 - Duty to record redemption.