Except as provided in the [Uniform] Probate Code [Chapter 45 NMSA 1978], all legal notices in connection with suits in the district courts, including notices of sale of property under any writ of execution, judgment, decree or other process issued out of the district court, and any notice of sale of personal property by virtue of any security interest, except as provided by the Uniform Commercial Code [Chapter 55 NMSA 1978], where the amount involved, including interest and costs, exceeds three hundred dollars ($300), shall be published in the English language in some newspaper of general circulation published in the county where such publication is required to be made, once each week for four consecutive weeks. If such publication shall be the notice of the pendency of a suit in the district court, the last insertion shall be at least twenty days before the date on or before which the defendant is notified to appear. In all other cases, the last insertion shall be at least three days before the date fixed in such notice for the taking of the action concerning which the publication is made. In case there be no newspaper published in the county where such publication is required, then publication shall be made by posting notice in at least six conspicuous places within the county for and during the period of time specified in the case of newspaper publications.
History: Laws 1931, ch. 150, § 1; 1937, ch. 113, § 1; 1941 Comp., § 12-210; 1953 Comp., § 10-2-10; Laws 1961, ch. 96, § 11-101; 1978, ch. 159, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Former requirements. — Section 4647, 1915 Code (similar to this section) did not require that four full weeks elapse between the first insertion of the notice in the newspaper and the day of sale, but the sale could be had any time not less than three days after the fourth and last insertion. Dewitz v. Joyce-Pruitt Co., 1915-NMSC-064, 20 N.M. 572, 151 P. 237.
Laws 1899, ch. 22, § 15 (now repealed), was complied with by publication of notice of sale on same day of the week for four consecutive weeks when the last publication was more than 30 days prior to the date of sale. De Graftenreid v. Casaus, 1920-NMSC-046, 26 N.M. 216, 190 P. 728.
Generally. — Where the value of the property exceeds $300, agent must publish in the county where the sale is to be made once each week for four consecutive weeks. And the last publication must be at least three days before the sale. The sale must be conducted between the hours of 9:00 in the morning and the setting of the sun on the same day, and the time and place where the sale is to be made and a full description of the property shall be contained in that notice. 1956 Op. Att'y Gen. No. 56-6518.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
For article, "The Use of Revocable Inter Vivos Trusts in Estate Planning," see 1 N.M. L. Rev. 143 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Service of process upon dissolved domestic corporation in absence of express statutory direction, 75 A.L.R.2d 1399.
What is "public place" within requirements as to posting of notices, 90 A.L.R.2d 1210.
7 C.J.S. Attachment § 280; 33 C.J.S. Executions § 211; 33 C.J.S. Executors and Administrators § 70; 34 C.J.S. Executors and Administrators §§ 411, 904; 39 C.J.S. Guardian and Ward § 154; 50 C.J.S. Judicial Sales § 10; 79 C.J.S. Secured Transactions § 34 et seq.