N.M. Stat. § 58-22-26.1
Right to rely upon written instructions; conflicting
demands upon escrow agent; right to interplead; custody of
documents; attorney's fees authorized.
If two or more parties to an escrow make conflicting demands upon the escrow
agent regarding the performance of its duties, then the escrow agent may, at its
election, hold any money or documents which are the subject of the conflicting demands
until it receives mutual instructions resolving the conflict in writing and signed by all
parties to the escrow, or until a civil action has been finally concluded in a court of
competent jurisdiction determining the rights of all parties to the escrow. In any civil
action commenced to resolve the conflicting demands of the parties to the escrow, the
escrow agent may recover a reasonable amount as attorney's fees and costs.