In cases of mortgage foreclosures of property on which there is a growing crop and when the proceeding has been commenced after March 15 of any year, the mortgagor shall not be dispossessed by any means whatsoever until the crop has been fully harvested, and the mortgagor shall be entitled to retain the crops; provided, however, that the mortgage instrument may provide otherwise.
History: Laws 1934 (S.S.), ch. 26, § 1; 1941 Comp., § 21-217; 1953 Comp., § 24-2-17; 1991, ch. 229, § 1.
ANNOTATIONSCross references. — For right of purchaser upon redemption to growing crops, see 39-5-22 NMSA 1978.
The 1991 amendment, effective June 14, 1991, added the catchline; substituted "mortgagor" for "mortgagee"; inserted "the mortgagor"; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425, 113 A.L.R. 1355.
Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.
59 C.J.S. Mortgages § 313.