A. An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise.
B. An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.
History: Laws 2011, ch. 141, § 4.
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.