N.M. Stat. § 48-10-12
Request for copies of notice of sale; mailing by trustee or
beneficiary.
A. A person desiring a copy of a notice of sale as provided in a deed of trust shall,
at any time after the recording of the deed of trust and before the recording of a notice
of sale as provided in a deed of trust, record in the office of the county clerk in any
county in which part of the trust real estate is situated an acknowledged request for a
copy of the notice of sale. The request shall provide the name and address of the
person requesting a copy of the notice and shall identify the deed of trust by providing
the county book and page numbers of the recording data of the deed of trust and by
stating the names of the original parties to the deed of trust, the date the deed of trust
was recorded and the legal description of the trust real estate and shall be in
substantially the following form:
REQUEST FOR NOTICE
Request is made that a copy of any notice of sale as provided in the deed of trust
recorded in book __________ at page _______, ________________ County, New
Mexico records, on __________, 19 ___.
(legal description of trust real estate)
executed by ________________ as trustor, in which ________________ is named as
beneficiary and ________________ as trustee, be mailed to _____________________
at ________________
Dated this _________ day of _________, 19 ___.
_____________________
Signature
(Here add Acknowledgment)
B. Not later than thirty days after recording the notice of sale, the trustee or
beneficiary shall mail by certified or registered mail with postage prepaid a copy of the
notice of sale with the recording date shown on the notice of sale, together with any
notice required to be given by Subsection C of this section, addressed as follows:
(1)
to each person whose name and address are provided in a request for
notice, which has been recorded before the recording of the notice of sale, directed to
the address designated in the request; and
(2)
to each person who, at the time of recording of the notice of sale, appears
by a document recorded in the real estate records of the county clerk in the county in
which any part of the trust real estate is situated to have an interest in any of the trust
real estate including junior encumbrancers. The copy of the notice shall be addressed to
the person whose interest so appears at the address provided in the document. If no
address for the person is provided in the document, no notice need be mailed to the
person. If the interest which appears on the records of the county clerk is a deed of
trust, a copy of the notice need only be mailed to the beneficiary as provided in the deed
of trust. If any person having such an interest, or the trustor, or any person who has
recorded a request for notice wants to change the address to which notice shall be
mailed, the change shall be accomplished by a request for notice as provided in this
section.
C. The trustee or beneficiary shall, within five business days after the recordation of
the notice of sale, mail by certified or registered mail, with postage prepaid, a copy of
any notice of sale showing the recording date the notice was recorded to each of the
persons who were parties to the deed of trust. The notice shall be addressed to the
mailing address specified in the deed of trust. In addition, notice to each such party shall
contain a statement that a breach or default in performance of the deed of trust or the
contract secured by the deed of trust, or both, has occurred and shall provide the nature
of the breach or default in performance and of the election of the beneficiary to sell or
cause to be sold the trust real estate as provided in the deed of trust and the additional
notice shall be signed by the beneficiary or the agent of the beneficiary. A copy of the
additional notice shall also be sent with the notice as provided in Paragraph (2) of
Subsection B of this section to all junior encumbrancers together with a written
statement that the interest of the junior encumbrancer may be subject to being
terminated by the trustee's sale. The written statement may be provided in the
statement of breach or default in performance.
D. No request for a copy of a notice recorded as provided in this section nor any
statement or allegation in the request nor any record of the request shall affect the title
to the trust real estate or be deemed notice to any person that a person requesting a
copy of notice of sale has or claims any interest in, or claim upon, the trust real estate.