N.M. Stat. § 47-15-7
Remedies.
A. A violation of the Mortgage Foreclosure Consultant Fraud Prevention Act
constitutes an unfair trade practice pursuant to the Unfair Practices Act [Chapter 57,
Article 12 NMSA 1978].
B. A prevailing plaintiff in a suit for violation of the Mortgage Foreclosure Consultant
Fraud Prevention Act may recover actual damages, reasonable attorney fees and costs
and appropriate equitable relief.
C. The rights and remedies provided in Subsection A of this section are cumulative
to, and not a limitation of, any other rights and remedies provided by law. Any action
brought pursuant to this section must be commenced within four years from the date of
the alleged violation.
D. In addition to any other damages, a court may award exemplary damages up to
three times the compensation charged by the foreclosure consultant if the court finds
that the foreclosure consultant violated a provision of Section 5 [47-15-5 NMSA 1978] of
the Mortgage Foreclosure Consultant Fraud Prevention Act and that the foreclosure
consultant's conduct was willful or in bad faith.
E. Notwithstanding any other provision of this section, no action may be brought on
the basis of a violation of the Mortgage Foreclosure Consultant Fraud Prevention Act,
except by an owner against whom the violation was committed or by the attorney
general.