N.M. Stat. § 58-21-6
Persons exempt from licensing.
The following persons shall be exempt from all provisions of the Mortgage Loan
Company Act:
A. banks, trust companies, savings and loan associations, credit unions, insurance
companies or real estate investment trusts as defined in 26 U.S.C.A. 856;
B. an attorney licensed to practice law in New Mexico who is not principally
engaged in the business of negotiating loans secured by real or personal property,
when that person renders services in the course of the person's practice as an attorney;
C. a New Mexico-licensed real estate broker rendering service in the performance
of that person's duties as a real estate broker who obtains financing for a real estate
transaction involving an actual bona fide sale of real estate or real estate contract
handled by the broker and who receives only the customary real estate broker's
commission in connection with the transaction;
D. a person doing an act under order of a court;
E. an individual making a single mortgage loan in a calendar year with the
individual's own funds for the individual's own investment without the intent to resell the
mortgage loan;
F. the United States of America, state of New Mexico or any of their branches,
agencies, departments, boards, instrumentalities or institutions and all political
subdivisions of the state and their agencies, instrumentalities and institutions; and
G. a company licensed as a small business investment company under the federal
Small Business Investment Act of 1958.