Notwithstanding the provisions of any other law:
A. an assignee may purchase or acquire or agree to purchase or acquire any retail installment contract or retail charge agreement or any outstanding balance under either from a seller on such terms and conditions and for such price as may be mutually agreed upon;
B. filing of the assignment, notice to the buyer of the assignment and any requirement that the seller be deprived of dominion over payments upon a retail installment contract or retail charge agreement, or over the goods if returned to or repossessed by the seller, shall not be necessary to the validity of a written assignment of the retail installment contract or retail charge agreement or any outstanding balance under either as against creditors, subsequent purchasers, pledgees, mortgagees and lien claimants of the seller; and
C. unless the buyer has notice of the assignment of his retail installment contract, retail charge agreement or any outstanding balance under either, payment therefor made by the buyer to the holder last known to him shall be binding upon all subsequent holders.
History: 1953 Comp., § 50-16-6, enacted by Laws 1965, ch. 258, § 6.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 Am. Jur. 2d Sales §§ 27, 222 to 226.
Constitutionality, construction, and application of statute respecting sale, assignment, or transfer of retail installment contracts, 10 A.L.R.2d 447.
77A C.J.S. Sales § 109 et seq.
Structure New Mexico Statutes
Chapter 56 - Commercial Instruments and Transactions
Article 1 - Retail Installment Sales
Section 56-1-2 - Retail installment contracts; consolidation; first bought, first paid.
Section 56-1-3 - Retail charge agreements.
Section 56-1-5 - Prohibited provisions.
Section 56-1-8 - Penalty for violation of act.
Section 56-1-9 - Violation; bar to recovery.
Section 56-1-10 - Injunction to prevent violation.
Section 56-1-11 - Consent to discontinuance.
Section 56-1-12 - Violation of injunction; penalty.
Section 56-1-13 - Contracts executed prior to act.
Section 56-1-15 - Creditor compliance with federal regulations deemed compliance with this act.