N.M. Stat. § 39-1A-5
Effects of transfer of structured settlement payment rights.
Following a transfer of structured settlement payment rights pursuant to the
Structured Settlement Protection Act:
A. the structured settlement obligor and the annuity issuer shall, as to all parties
except the transferee, be discharged and released from any and all liability for the
transferred payments;
B. the transferee shall be liable to the structured settlement obligor and the annuity
issuer:
(1)
for any taxes incurred by the parties as a consequence of the transfer if
the transfer contravenes the terms of the structured settlement; and
(2)
for any other liabilities or costs, including reasonable costs and attorney
fees, arising from compliance by the parties with the order of the court or arising as a
consequence of the transferee's failure to comply with the provisions of the Structured
Settlement Protection Act;
C. the transferee shall be liable to the payee:
(1)
if the transfer contravenes the terms of the structured settlement, for any
taxes incurred by the payee as a consequence of the transfer; and
(2)
for any other liabilities or costs, including reasonable costs and attorney
fees, arising as a consequence of the transferee's failure to comply with the provisions
of the Structured Settlement Protection Act;
D. neither the structured settlement obligor nor the annuity issuer may be required
to divide any periodic payment between the payee and any transferee or assignee or
between two or more transferees or assignees; and
E. any further transfer of structured settlement payment rights by the payee may be
made only after compliance with all of the requirements of the Structured Settlement
Protection Act.