N.M. Stat. § 56-8-24
Definitions.
As used in the Residential Home Loan Act:
A. "residence" means a dwelling and the underlying real property designed for
occupancy by one to four families, and includes mobile homes and condominiums;
B. "home loan" means:
(1)
a loan made to a person, all or a substantial portion of the proceeds of
which will be used to purchase, construct, improve, rehabilitate, sell a residence or
refinance a loan on a residence and which loan will be secured in whole or in part by a
security interest in the residence evidenced by a real estate mortgage;
(2)
the principal amount secured by a real estate mortgage on a residence
when that real estate mortgage was executed by the mortgagor in connection with his
purchase of the property, and the obligation secured represents a part of the deferred
purchase price; or
(3)
the deferred balance due under a real estate contract made for the
purchase or sale of a residence;
C. "director" means the director of the financial institutions division of the commerce
and industry department [regulation and licensing department];
D. "person" means any individual or other legal entity;
E. "real estate contract" means a contractual document creating rights and
obligations between a seller and buyer of a residence under which the seller agrees to
transfer legal title to the residence to the buyer after payment over time of all or part of
the purchase price of the residence;
F. "real estate mortgage" means any document creating a security interest in a
residence owned by a person to secure the payment of a home loan as defined in
Paragraphs (1) and (2) of Subsection B of this section and includes mortgages and
deeds of trust;
G. "rate of interest" means the annual interest rate computed on any home loan
determined by and calculated over the full contracted term of the home loan and
includes in the calculation both the interest on the principal amount of the loan and
discount points, premiums, commitment fees and other interest charges made pursuant
to a home loan; and
H. "federal national mortgage association auction" means a biweekly auction of the
federal national mortgage association for commitments to purchase eligible
conventional home loans (free market system auction).