The enforcement of an assignment of rents by one or more of the methods identified in Sections 7, 8 and 9 [56-15-7, 56-15-8 and 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act, the application of proceeds by the assignee pursuant to Section 12 [56-15-12 NMSA 1978] of that act after enforcement, the payment of expenses pursuant to Section 13 [56-15-13 NMSA 1978] of that act or an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act does not:
A. make the assignee a mortgagee in possession of the real property;
B. make the assignee an agent of the assignor;
C. constitute an election of remedies that precludes a later action to enforce the secured obligation;
D. make the secured obligation unenforceable; or
E. limit any right available to the assignee with respect to the secured obligation.
History: Laws 2011, ch. 141, § 11.
Effective dates. — Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 56 - Commercial Instruments and Transactions
Article 15 - Uniform Assignment of Rents
Section 56-15-1 - Short title.
Section 56-15-2 - Definitions.
Section 56-15-3 - Manner of giving notification.
Section 56-15-6 - Enforcement of security interest in rents.
Section 56-15-7 - Enforcement by appointment of receiver.
Section 56-15-8 - Enforcement by notification to assignor.
Section 56-15-9 - Enforcement by notification to tenant.
Section 56-15-10 - Notification to tenant; form.
Section 56-15-11 - Effect of enforcement.
Section 56-15-12 - Application of proceeds.
Section 56-15-15 - Perfection and priority of assignee's security interest in proceeds.
Section 56-15-16 - Priority subject to subordination.
Section 56-15-17 - Uniformity of application and construction.
Section 56-15-18 - Relation to Federal Electronic Signatures in Global and National Commerce Act.