Unless otherwise agreed, an assignee that collects rents pursuant to the Uniform Assignment of Rents Act or collects upon a judgment in an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act shall apply the sums collected in the following order to:
A. the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by any law of New Mexico other than the Uniform Assignment of Rents Act, reasonable attorney fees and costs incurred by the assignee;
B. reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;
C. payment of the secured obligation;
D. payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and
E. the assignor.
History: Laws 2011, ch. 141, § 12.
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.