Section 68. Certificate Of Sale

The certificate of sale shall be in substantially the following form: CERTIFICATE OF SALE This certificate of sale is issued pursuant to Section 7-38-59 NMSA 1978 and has the effect of a certificate of sale provided in that section. This certificate of sale is prima facie evidence of the county treasurer's right to make this sale and conclusive evidence of the regularity of all proceedings relating to this sale. Under the authority of Section 7-38-58 NMSA 1978, the property described herein was sold at public auction on _________________________ at _______________________, New Mexico. For consideration received in the sum of $______________, all interests of the delinquent taxpayer, ___________________________, in the property described herein are hereby transferred to the purchaser, ______________________________, who takes the personal property free of any unrecorded or unfiled interest unknown to the purchaser at the time of sale. Description of property____________________________________. Done by me this______day of___________, 19___, at____________, New Mexico. _________________________________ County treasurer of _________________________________ County [3/23/83, 12/29/94, 8/31/96; 3.6.7.68 NMAC - Rn, 3 NMAC 6.7.68, 4/30/01] 3.6.7.69 NOTIFICATION TO PROPERTY OWNER OF DELINQUENT TAXES A. FORM OF NOTIFICATION TO PROPERTY OWNER OF TRANSFER OF DELINQUENT ACCOUNT: The notice of transfer of delinquent account shall be in substantially the following form but the form may contain additional information including, but not limited to, a statement as to the full amount of taxes owed on the property for years other than the delinquent year: NOTICE TO PROPERTY OWNER OF TRANSFER OF DELINQUENT ACCOUNT TO: (Name and address of property owner or any person other than the owner to whom the tax bill was sent) You are hereby notified by the _______________________ county treasurer that property taxes upon the following described property in the following amounts for the ________________ tax year became delinquent on _________ elinquent year: NOTICE TO PROPERTY OWNER OF TRANSFER OF DELINQUENT ACCOUNT TO: (Name and address of property owner or any person other than the owner to whom the tax bill was sent) You are hereby notified by the _______________________ county treasurer that property taxes upon the following described property in the following amounts for the ________________ tax year became delinquent on ______________________; and that the taxes have been delinquent for more than one (2) years. Pursuant to Sections 7-38-61 and 7-38-62 NMSA 1978, this delinquent account is hereby transferred as of July 1 for collection to the Property Tax Division, Manuel Lujan, Sr. Building, Santa Fe, New Mexico 87504-0630, phone (505) 827- 0876. Payment shall be made to the _______________________ county treasurer as agent for collection of this account pursuant to Section 6.3.7.71 NMAC. Delinquent Account No. ____________ School District No. ___________ Property description and code no. (include location, vehicle registration “MH” number and vehicle identification number if a manufactured home): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 3.6.7 NMAC 19 _________________________________________________________________ Tax Year Amount of Tax Due Interest Due Penalty Due Total 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ Total due for all years . . . . . . . . . . . . . . . __________ Due by: ___________, otherwise, additional interest and penalty will accrue _______ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ 20___ $__________ $__________ $__________ $__________ Total due for all years . . . . . . . . . . . . . . . __________ Due by: ___________, otherwise, additional interest and penalty will accrue. INTEREST Pursuant to 7-38-49 NMSA 1978, if property taxes are not paid for any reason within thirty (30) days after the date they are due, interest on the unpaid taxes shall accrue from the thirtieth day after they are due until the date they are paid. Interest shall accrue at the rate of one percent (1%) a month or any fraction of a month. PENALTY Pursuant to 7-38-50 NMSA 1978, if property taxes become delinquent, a penalty of one percent (1%) of the delinquent taxes for each month or any portion of a month they remain unpaid shall be imposed, but the total penalty shall not exceed five percent (5%) of the delinquent taxes except that, when the penalty determined under the forgoing provisions of this subsection is less than five dollars ($5.00), the penalty to be imposed shall be five dollars ($5.00). A county may suspend for a particular tax year application of the minimum penalty requirements of Section 7-38-60 NMSA 1978 by resolution of its county commissioners adopted not later than September 1 of that tax year. If property taxes became delinquent because of an intent to defraud by the property owner, fifty percent (50%) of the property taxes due or fifty dollars ($50.00), whichever is greater, shall be added as a penalty. REAL PROPERTY Pursuant to 7-38-65 NMSA 1978, if the property taxes due on real property are not paid within three (3) years from the date of delinquency, the real property will be sold and a deed issued by the property tax division of the New Mexico taxation and revenue department percent (50%) of the property taxes due or fifty dollars ($50.00), whichever is greater, shall be added as a penalty. REAL PROPERTY Pursuant to 7-38-65 NMSA 1978, if the property taxes due on real property are not paid within three (3) years from the date of delinquency, the real property will be sold and a deed issued by the property tax division of the New Mexico taxation and revenue department. PERSONAL PROPERTY Pursuant to 7-38-53 NMSA 1978, if property taxes due on personal property are not paid, the personal property may be seized and sold by the division, at any time, for taxes under authority of a demand warrant. Until sale, property listed on the property tax delinquency list will continue to be assessed and taxed to its owner in the same manner as it would be if it were not listed on the property tax delinquency list. Date ______________ County Treasurer ___________________________________ B. LIABILITY FOR TAX ON PROPERTY LISTED ON THE PROPERTY TAX DELINQUENCY LIST: Until sale, property listed on the property tax delinquency list will continue to be assessed and taxed to its owner in the same manner as it would be if it were not listed on the property tax delinquency list. [3/23/83, 12/29/94, 8/31/96; 3.6.7.69 NMAC - Rn & A, 3 NMAC 6.7.69, 4/30/01] 3.6.7.70 PROPERTY TAXES DELINQUENT FOR MORE THAN TWO YEARS - TREASURER TO PREPARE DELINQUENCY LIST A. INFORMATION TO BE CONTAINED IN THE TAX DELINQUENCY LIST: (1) The tax delinquency list for real property shall contain the following information: (a) The name and address of the real property owner and any other person to whom the tax bill was sent; (b) A description of the property upon which the taxes are due and the property code number; (c) A statement of the amount of property taxes due and the date they became delinquent; and (d) The county name, municipality, town or village, and school district number where the real property is located The name and address of the real property owner and any other person to whom the tax bill was sent; (b) A description of the property upon which the taxes are due and the property code number; (c) A statement of the amount of property taxes due and the date they became delinquent; and (d) The county name, municipality, town or village, and school district number where the real property is located. (2) By July 1 of each tax year, the county treasurer shall prepare a property tax delinquency list of all real property for which taxes have been delinquent for more than two years. The tax delinquency list for real property shall contain the required information for real property only. B. DELINQUENCY LIST DELIVERY REQUIREMENTS: The county treasurer shall deliver or mail the tax delinquency list for real property for the tax year to the division no later than July 15 of each year. The division may require or permit the list to be transmitted electronically. [3/23/83, 12/31/85, 12/29/94, 8/31/96, 11/30/99; 3.6.7.70 NMAC - Rn, 3 NMAC 6.7.70, 4/30/01] 3.6.7 NMAC 20 3.6.7.71 COUNTY TREASURERS ARE AUTHORIZED TO ACT AS AGENT FOR THE DEPARTMENT IN ACCEPTING PAYMENTS: A. County treasurers are authorized by the department to act as the department's agent in accepting payments of taxes, penalties, interest and costs due on property shown on the tax delinquency list prepared in accordance with Section 7-38-61 NMSA 1978 after its receipt by the division, unless this agency relationship is revoked by order of the director. B. County treasurers are required to notify the department by the 15th day of the month following the month in which payment is accepted of the amount paid and other information necessary for the department to correct the tax delinquency list prepared in accordance with Section 7-38-61 NMSA 1978 after its receipt by the division, unless this agency relationship is revoked by order of the director. B. County treasurers are required to notify the department by the 15th day of the month following the month in which payment is accepted of the amount paid and other information necessary for the department to correct the tax delinquency list. [12/27/83, 12/29/94, 8/31/96; 3.6.7.71 NMAC - Rn & A, 3 NMAC 6.7.71, 4/30/01; A, 4/15/13] 3.6.7.72 [RESERVED.] [3.6.7.72 NMAC - Rn, 3 NMAC 6.7.72, 4/30/01] 3.6.7.73 [RESERVED.] [3.6.7.73 NMAC - Rn, 3 NMAC 6.7.73, 4/30/01] 3.6.7.74 [RESERVED.] [3.6.7.74 NMAC - Rn, 3 NMAC 6.7.74, 4/30/01] 3.6.7.75 [RESERVED.] [3.6.7.75 NMAC - Rn, 3 NMAC 6.7.75, 4/30/01] 3.6.7.76 [RESERVED.] [3.6.7.76 NMAC - Rn, 3 NMAC 6.7.76, 4/30/01] 3.6.7.77 INSTALLMENT AGREEMENTS A. CIRCUMSTANCES JUSTIFYING AN INSTALLMENT AGREEMENT: Installment agreements shall not be entered into if the taxpayer can obtain funds from any source to pay the liability, unless approval in writing by the director is obtained and such approval is supported by a written statement of circumstances justifying the installment agreement. To obtain an installment agreement, a taxpayer is required to provide a balance sheet and income statement on forms furnished by the division. Statements submitted by a licensed accountant containing the same information may be accepted in lieu of the division forms. Any such forms or statements must, unless waived in writing by the director, contain the following statement signed by the taxpayer or the taxpayer's agent: “Taxpayer is unable to obtain funds from any source with which to pay currently all the delinquent taxes proposed to be covered by the installment agreement. Under the penalties of perjury, I swear or affirm that the information contained herein and in the attached statement is true and correct as to every material matter.” B the following statement signed by the taxpayer or the taxpayer's agent: “Taxpayer is unable to obtain funds from any source with which to pay currently all the delinquent taxes proposed to be covered by the installment agreement. Under the penalties of perjury, I swear or affirm that the information contained herein and in the attached statement is true and correct as to every material matter.” B. MINIMUM DOWN PAYMENT FOR INSTALLMENT AGREEMENTS: No installment agreement proposal shall be entered into for the division that involves a down payment of less than twenty (20) percent of all delinquent property taxes, penalties, interest and costs due, unless approval in writing by the director is obtained and such approval is supported by a written statement of the circumstances justifying a lesser down payment. C. TERMS OF INSTALLMENT AGREEMENTS: Although an installment agreement may extend for a period of thirty-six (36) months, each installment agreement will cover the minimum period in which a taxpayer may reasonably liquidate the liability and shall provide for payment in equal monthly installments, unless approval in writing by the director is obtained and such approval is supported by a written statement of the circumstances justifying payment in other than equal monthly installments. [3/23/83, 11/5/85, 12/29/94, 8/31/96; 3.6.7.77 NMAC - Rn, 3 NMAC 6.7.77, 4/30/01] 3.6.7.78 [RESERVED.] [3.6.7.78 NMAC - Rn, 3 NMAC 6.7.78, 4/30/01] 3.6.7.79 [RESERVED.] [3.6.7.79 NMAC - Rn, 3 NMAC 6.7.79, 4/30/01] 3.6.7 NMAC 21 3.6.7.80 DISTRIBUTION OF AMOUNTS RECEIVED FROM SALE OF PROPERTY A. EXPENSES OF SEIZURE AND SALE ARE IN ADDITION TO “COSTS”: (1) The expenses of seizure and sale referred to in Section 7-38-67 NMSA 1978 are in addition to the “costs” referred to in Section 7-38-62 NMSA 1978 and may exceed those costs. Generally, the expenses of seizure and sale refer to the out-of-pocket expenses incurred by the department in seizing and selling a property FROM SALE OF PROPERTY A. EXPENSES OF SEIZURE AND SALE ARE IN ADDITION TO “COSTS”: (1) The expenses of seizure and sale referred to in Section 7-38-67 NMSA 1978 are in addition to the “costs” referred to in Section 7-38-62 NMSA 1978 and may exceed those costs. Generally, the expenses of seizure and sale refer to the out-of-pocket expenses incurred by the department in seizing and selling a property. Costs are the internal expenses, such as employee wages and benefits, supplies and travel, of the department in carrying out its duties to enforce the property tax through sale of property. (2) The amount of “costs”, however, are a part of the “expenses of seizure and sale” as that phrase is used in Section 7-38-71 NMSA 1978 and shall be distributed accordingly. B. PROCEDURES FOR PAYMENT OF EXCESS PROCEEDS FROM THE SALE OF REAL PROPERTY: (1) When the proceeds from the sale of property for delinquent taxes exceed the amount required to be retained by the department plus the amounts required to be remitted to the county treasurer as provided by Subsection A of Section 7-38-71 NMSA 1978, the department will notify by mail the former owners of record of their right to claim a refund of any excess funds from the sale. (2) As used in this subsection, the term “former owner” means that person whose name appears as the assessed owner of the property on the property tax delinquency list. The term “former owner” also includes any other person whose name is revealed as having an ownership interest in the property through a search of property ownership records at the county clerk's office conducted by the department prior to the public auction sale. (3) After receiving a completed application for refund and documentation necessary to establish proof of ownership of the property, the department shall determine if a claimant is entitled to receive any excess funds from the sale. The department, at its discretion, may require additional information from the claimant to establish the right of the claimant to the excess funds public auction sale. (3) After receiving a completed application for refund and documentation necessary to establish proof of ownership of the property, the department shall determine if a claimant is entitled to receive any excess funds from the sale. The department, at its discretion, may require additional information from the claimant to establish the right of the claimant to the excess funds. (4) In the event more than one claimant requests a refund of the excess funds, the department shall not refund any funds to any claimant until an order, issued by a court of competent jurisdiction which identifies which claimant is entitled to the refund, has been presented to the department. (5) Any person with a claim established by lien, mortgage or judgment against the property which was sold may file a claim for the excess funds from the sale by presenting an order directed to the department by a court of competent jurisdiction which establishes that person's right to receive the excess funds. (6) After completing the requirements of Paragraph (1) of this subsection and after the expiration of two years from the date of sale, the department will deposit any unclaimed excess funds in accordance with the provisions of the Uniform Unclaimed Property Act. Any person having any claim to the excess funds after the funds have been so deposited can make a claim for the funds as provided by the provisions of the Uniform Unclaimed Property Act. Such claims shall be addressed to the Unclaimed Property Unit from the date of sale, the department will deposit any unclaimed excess funds in accordance with the provisions of the Uniform Unclaimed Property Act. Any person having any claim to the excess funds after the funds have been so deposited can make a claim for the funds as provided by the provisions of the Uniform Unclaimed Property Act. Such claims shall be addressed to the Unclaimed Property Unit. [3/23/88, 9/15/88, 12/29/94, 8/31/96; 3.6.7.80 NMAC - Rn & A, 3 NMAC 6.7.80, 4/30/01] 3.6.7.81 [RESERVED.] [3.6.7.81 NMAC - Rn, 3 NMAC 6.7.81, 4/30/01] 3.6.7.82 [RESERVED.] [3.6.7.82 NMAC - Rn, 3 NMAC 6.7.82, 4/30/01] 3.6.7.83 “OFFICERS OR EMPLOYEES OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS ENGAGED IN THE ADMINISTRATION OF THE PROPERTY TAX” DEFINED: The phrase “officers or employees of the state or any of its political subdivisions engaged in the administration of the property tax” includes, but is not limited to, members of county valuation protests boards, county commissioners, county assessors and their employees, county treasurers and their employees, the secretary, deputy secretary and assistant secretary of the taxation and revenue department, any member of the secretary's staff; and the director and employees of the division. The phrase does not include state legislators because they are not “engaged in the administration of the property tax” unless they are employed in another governmental capacity. [3/23/83, 12/29/94, 8/31/96; 3.6.7.83 NMAC - Rn, 3 NMAC 6.7.83, 4/30/01] 3.6.7.84 [RESERVED.] [3.6.7.84 NMAC - Rn, 3 NMAC 6.7.84, 4/30/01] 3.6.7 NMAC 22 3.6.7.85 PROPERTY SUBJECT TO TAXATION BUT OMITTED FROM PROPERTY TAX SCHEDULES IN PRIOR YEARS A. VALUATION OF OMITTED PROPERTY: Omitted property shall be valued, on its discovery, at its value on January 1 of each tax year or years for which it was omitted from property tax schedules. B MAC - Rn, 3 NMAC 6.7.83, 4/30/01] 3.6.7.84 [RESERVED.] [3.6.7.84 NMAC - Rn, 3 NMAC 6.7.84, 4/30/01] 3.6.7 NMAC 22 3.6.7.85 PROPERTY SUBJECT TO TAXATION BUT OMITTED FROM PROPERTY TAX SCHEDULES IN PRIOR YEARS A. VALUATION OF OMITTED PROPERTY: Omitted property shall be valued, on its discovery, at its value on January 1 of each tax year or years for which it was omitted from property tax schedules. B. OWNERSHIP OF OMITTED PROPERTY: Omitted property, real or personal, shall be valued, listed and the taxes on it collected pursuant to Section 7-38-76 NMSA 1978, regardless of whether or not it is owned or possessed by the same person as was the owner or person in possession thereof at the time of the omission. C. OMITTED PROPERTY - STATUTE OF LIMITATIONS: Subsection B of Section 7-38-81 NMSA 1978 provides: “property that has not been included on a property tax schedule may not be subjected to the imposition of property taxes for more than ten (10) tax years immediately preceding the date of its entry on the property tax schedule”. This applies to all property subject to the property tax, meaning all tangible property, real or personal. D. OMITTED PROPERTY - PENALTY AND INTEREST: Omitted property is subject to penalty and interest pursuant to Sections 7-38-49 and 7-38-50 NMSA 1978 only from thirty (30) days after the date the property tax bill on the omitted property is mailed because that is the date all taxes for prior years on omitted property are due. E. OMITTED PROPERTY - PENALTY: Omitted property shall be treated like property the owner of which has failed to make a required report thereof. The person who did not make the report shall be subject to the applicable penalty. F. OMITTED PROPERTY - PROCEDURE AFTER VALUATION AND LISTING: If property was omitted from property tax schedules for a prior tax year, then the tax rate for the prior year in the governmental unit where the property was located shall be applied roperty the owner of which has failed to make a required report thereof. The person who did not make the report shall be subject to the applicable penalty. F. OMITTED PROPERTY - PROCEDURE AFTER VALUATION AND LISTING: If property was omitted from property tax schedules for a prior tax year, then the tax rate for the prior year in the governmental unit where the property was located shall be applied. Property tax bills shall be prepared and mailed by the county treasurers within thirty (30) days of the date the property is listed on the property tax schedule, and all taxes for prior years on omitted property shall be due the date the property tax bill is mailed.