N.M. Stat. § 56-9-1
[Transfers to prefer creditors; effect; exception of mortgage
in good faith.]
Every sale, mortgage or assignment made by debtors, and every judgment suffered
by any defendant, or any act or device done or resorted to by a debtor in contemplation
of insolvency and with the design to prefer one or more creditors to the exclusion in
whole or in part of others, shall operate as an assignment and transfer of all the
property and effects of such debtor and shall inure to the benefit of all his creditors,
except as hereinafter provided in this chapter, in proportion to the amount of their
respective demands, including those which are future and contingent, but nothing in this
chapter shall vitiate or affect any mortgage made in good faith to secure any debt or
liability created simultaneously with such mortgage, if the same be lodged for record
forthwith in the office of the county clerk where the property described therein shall be
situated.