It is the intent of the legislature that the large and growing escrow industry be supervised and regulated by the financial institutions division of the commerce and industry department [regulation and licensing department] in order to protect the citizens of the state and to provide that the business practices of the escrow industry are fair and orderly among the members of the escrow industry, with due regard to the ultimate consumers in this important area of property protection.
History: Laws 1983, ch. 135, § 2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1983, ch. 297, § 33 abolishes the commerce and industry department, referred to in this section. Section 31 of that act provides that references to the financial institutions division of the commerce and industry department shall be construed as references to the financial institutions division of the regulation and licensing department. See 9-16-4 NMSA 1978 and notes thereto.
Fidelity bond purchase. — The language of this section leaves no room for doubt that the purchase of the fidelity bond required by Section 58-22-10 NMSA 1978 inures to the benefit and protection of the public. Anchor Equities, Ltd. v. Pacific Coast Am., 1987-NMSC-041, 105 N.M. 751, 737 P.2d 532.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Section 58-22-1 - Short title.
Section 58-22-3 - Definitions.
Section 58-22-4 - Exempt persons and transactions.
Section 58-22-5 - Exemption or exception; burden of proof.
Section 58-22-6 - Director; duties and powers.
Section 58-22-7 - License required.
Section 58-22-8 - Application for license.
Section 58-22-9 - Annual renewal of license.
Section 58-22-10 - Surety bond required.
Section 58-22-12 - Issuance of license.
Section 58-22-13 - Action on bond; limitation.
Section 58-22-14 - New bond required; effect of failure to file new bond.
Section 58-22-15 - Grounds for denying a license.
Section 58-22-16 - Transferability.
Section 58-22-17 - Keeping of records; examination.
Section 58-22-18 - Statement of account.
Section 58-22-19 - Division documents exception to Inspection of Public Records Act.
Section 58-22-20 - Bank deposit required; maintenance of trust accounts.
Section 58-22-21 - Attachment.
Section 58-22-21.1 - Suit to recover trust funds; attorney's fees authorized.
Section 58-22-23 - Additional business office locations.
Section 58-22-25 - Limit on fees for servicing loans or contracts of sale.
Section 58-22-26 - Unauthorized business practices.
Section 58-22-27 - Investigations by director; desist order; injunctions; fees.
Section 58-22-28 - Subpoenas, oaths and examinations of witness; penalty.
Section 58-22-28.1 - Violation of the Escrow Company Act; penalty.
Section 58-22-29 - Review of order of director.
Section 58-22-30 - Exemption from authority of superintendent of regulation and licensing.
Section 58-22-31 - Effect on persons currently engaged in escrow company business.