N.M. Stat. § 58-21-23.2
Funding of real estate transactions; enforcement.
A. Unless the net loan funds necessary to complete a purchase of real property
have been previously delivered to the seller or to the closing agent, a lender shall
deliver the required net loan funds within two business days of the time that the lender
deems the closing agent has fulfilled the requirements of the closing agent's duties,
except for the recordation of documents, and shall:
(1)
authorize the closing agent to record with the county clerk all documents
necessary to complete the real estate transaction and release the proceeds of the real
estate transaction in accordance with agreed upon escrow instructions;
(2)
advise the closing agent of any funding conditions, as set forth in the
lender's escrow instructions, that have not been satisfied and instruct the closing agent
in writing what is to be done with any of the lender's funds held in escrow; or
(3)
advise the closing agent that the documentation for the real estate
transaction does not satisfy the lender's escrow instructions, specify the manner in
which that documentation does not satisfy those instructions and instruct the closing
agent in writing what is to be done with any of the lender's funds held in escrow.
B. In the event a lender does not comply with the requirements of Subsection A of
this section, unreasonably refuses to approve the documentation necessary to complete
a real estate action or unreasonably delays authorization of the recordation of closing
documents and release of proceeds of a real estate transaction, the director of the
division may, upon receipt of a complaint and in accordance with the procedures set
forth in the Mortgage Loan Company Act, suspend or revoke any state registration or
license issued to the lender for a period not to exceed one year.