N.M. Stat. § 56-8-29
Civil penalty for violation of act.
Any person that knowingly receives or charges a rate of interest greater than that
allowed under the Residential Home Loan Act shall forfeit the entire amount of interest
that the evidence of indebtedness specifies. If any interest has been paid by the debtor
to a person that knowingly received or charged a rate that was in excess of the rate of
interest allowed under the Residential Home Loan Act, then the debtor may recover by
civil action twice the amount of the interest paid plus his costs of suit and attorney's
fees. If any person, other than an institutional lender as defined in Section 4 [repealed]
of the Residential Home Loan Act, receives or charges a rate of interest greater than
that allowed under the Residential Home Loan Act, but such charging or receipt was
under mistake or otherwise without knowledge of the violation, then the evidence of
indebtedness is enforceable except that the lender cannot charge or receive more than
the maximum rate of interest permitted under the Residential Home Loan Act, and the
debtor may recover by civil action only the excess interest plus his costs of suit and
attorney's fees. Any action brought under this section must be commenced within two
years of the date the evidence of indebtedness was signed by the debtor.