N.M. Stat. § 6-10-49
[Insolvency of banks; state funds; right to recover deposits
not impaired.]
That the provisions of this act [6-10-48, 6-10-49 NMSA 1978], or action thereon by
the state board of finance shall in no way prevent, interfere with or prejudice the right of
the state of New Mexico to proceed with the collection of said amounts against the said
depository or the sureties upon the bond of said depository nor shall the provisions of
this act or actions thereunder by the said state board of finance, prevent, interfere with
or prejudice the right of the said state board of finance to proceed with an action or
actions to recover said amounts from said depository or the sureties upon the bond of
said depository.