A. The purchaser at the sale, other than the beneficiary or the beneficiary's personal representatives, successors or assigns, to the extent of the credit bid of the purchaser, shall immediately pay the price bid. Upon receipt of payment of the price bid by the trustee in collected federal funds, the trustee shall execute and deliver the trustee's deed to the purchaser. The trustee's deed shall raise the presumption of compliance with the requirements of the Deed of Trust Act relating to the exercise of the power of sale and the sale of the trust real estate, including recording, mailing, publishing and posting of notice of sale and the conduct of sale, in favor of subsequent purchasers, mortgagees or encumbrancers for value and without actual notice.
B. The trustee's deed shall operate to convey to the purchaser the title, interest and claim of the trustee, the trustor, the beneficiary, their respective successors in interest and of all persons claiming the trust real estate sold by or through them, including all interest or claim in the trust real estate acquired after the recording of the deed of trust and before delivery of the trustee's deed. The conveyance shall be clear of the interests of junior encumbrancers in the trust real estate whose interests have been effectively foreclosed by the proceeding.
History: Laws 1987, ch. 61, § 14; 2007, ch. 156, § 4.
The 2007 amendment, effective April 2, 2007, eliminated the provision that the trustee's deed shall be without right of redemption.
Applicability. — Laws 2007, ch. 156, §7 provided that Laws 2006, ch. 32, codified as Sections 48-10-3, 48-10-7, 48-10-10, 48-10-11, 48-10-13, 48-10-16, 48-10-17 NMSA 1978, applied to deeds of trust executed on or after May 17, 2006 and that the provisions of Laws 2007, ch. 156 applied to deeds of trust executed on or after the effective date of Laws 2007, ch. 156, which was April 2, 2007.
Structure 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.