A. Except as otherwise provided in this section, the Uniform Assignment of Rents Act governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before the effective date of that act.
B. The Uniform Assignment of Rents Act does not affect an action or proceeding commenced before the effective date of that act.
C. Subsection A of Section 4 [56-15-4 NMSA 1978] of the Uniform Assignment of Rents Act does not apply to any security instrument signed and delivered before the effective date of that act.
D. The Uniform Assignment of Rents Act does not affect:
(1) the enforceability of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was enforceable;
(2) the perfection of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was perfected; or
(3) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before the effective date of that act, the interest of the other person was enforceable and perfected, and that priority was established.
History: Laws 2011, ch. 141, § 19.
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.