N.M. Stat. § 58-22-21.1
Suit to recover trust funds; attorney's fees authorized.
An escrow agent, in any action brought against a party to the escrow to recover trust
funds disbursed by the escrow agent to or for the benefit of the party, or in reliance
upon a check or draft issued by the party which is subsequently dishonored by the
drawee, may recover, in addition to the amount so disbursed, a reasonable amount as
attorney's fees and costs. Pending litigation, an escrow agent may retain possession of
all escrowed documents until directed otherwise by a court of competent jurisdiction.