38-1-14. Notice of lis pendens; contents; recording; effect.
268 words·~1 min read·
/nm/chapter-38-trials/article-1-process/38-1-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In all actions in the district court of this state or in the United States district court for the district of New Mexico affecting the title to real estate in this state, the plaintiff, at the time of filing his petition or complaint, or at any time thereafter before judgment or decree, may record with the county clerk of each county in which the property may be situate a notice of the pendency of the suit containing the names of the parties thereto, the object of the action and the description of the property so affected and concerned, and, if the action is to foreclose a mortgage, the notice shall contain, in addition, the date of the mortgage, the parties thereto and the time and place of recording, and must be recorded five days before judgment, and the pendency of such action shall be only from the time of recording the notice, and shall be constructive notice to a purchaser or encumbrancer of the property concerned; and any person whose conveyance is subsequently recorded shall be considered a subsequent purchaser or encumbrancer and shall be bound by all the proceedings taken after the recording of the notice to the same extent as if he were made a party to the said action.
The lis pendens notice need not be acknowledged to entitle it to be recorded.
History: Laws 1873-1874, ch. 19, § 1; C.L. 1884, § 1853; C.L. 1897, § 2902; Code 1915, § 4261; C.S. 1929, § 105-1101; 1941 Comp., § 19-309; 1953 Comp., § 21-3-14; Laws 1959, ch. 160, § 1; 1965, ch. 95, § 1.