Form 4-926. Judgment for possession (Mobile Home Park Act).

[Sections 47-10-9, 47-8-40 and 47-8-41 NMSA 1978] STATE OF NEW MEXICO ______________________________ COURT No. ____________ ______________________________ COUNTY ________________________________________, Plaintiff v. ________________________________________, Defendant JUDGMENT FOR POSSESSION (Mobile Home Park Act)1 This matter came on for trial on __________________, ________ (date). The plaintiff appeared (in person) (and) (by attorney __________________). The defendant (did not appear) (appeared) (in person) (and) (by attorney __________________). Having heard the evidence and argument presented, the court finds in favor of: [ ] the plaintiff [ ] the defendant. The court further finds that the mobile home: [ ] is subject to the security interest of a first lienholder2. [ ] is not subject to the security interest of a first lienholder. IT IS THEREFORE ORDERED: 1. The premises located in __________________ County, New Mexico at: ________________________________________ (name of mobile home park) ________________________________________ (mobile home address) ________________________________________ (mobile home lot or space) ________________________________________, New Mexico ________ be restored to plaintiff; 2. The rental agreement is terminated; 3. (complete applicable) Plaintiff shall recover from defendant the following amounts: Rents $ __________________ Damages $ __________________ Attorney fees $__________________ Costs $__________________ TOTAL $__________________ [A hearing on the issue of damages will be held by this court on __________________, __________ at ________ (a.m.) (p.m.)]3 4. A writ of restitution be issued effective __________________, ________ (date). (The following paragraph is used if there is a security interest of a first lienholder on the mobile home) [5. The plaintiff will promptly serve notice of this judgment on the first lienholder in accordance with civil form 4-928. The cost of removal by the first lienholder shall be paid by the first lienholder.]4 [6. If this case is appealed the (plaintiff) (defendant) shall __________________.]5 Date: ______________________ ________________________________ Judge