A. The trustee shall give written notice of the time and place of sale, legally describing the trust real estate to be sold, by each of the following methods:
(1) publication of the notice as provided by law for foreclosure of mortgages on real estate;
(2) recording of the notice in the office of the clerk of each county in which the trust real estate is situated; and
(3) giving notice as provided in Section 48-10-12 NMSA 1978 to the extent applicable.
B. The sale shall be held at the time and place designated in the notice of sale on a day other than a Saturday, Sunday or legal holiday and at the time provided by law for the foreclosure sale of real estate under real estate mortgages on the front steps of the courthouse of the county in which the trust real estate is located. If the trust real estate is located in more than one county, the sale may be held in any county in which part of the trust real estate is located.
C. The notice of sale shall contain the street address, if any, or identifiable location as well as the legal description of the trust real estate. Failure to accurately describe within the notice either the street address or the identifiable location of the trust real estate to be sold shall not be grounds for invalidating the sale if the correct legal description of the trust real estate to be sold was contained in the notice of sale. The notice of sale shall be sufficient if made in substantially the following form:
"NOTICE OF TRUSTEE'S SALE
The following legally described trust real estate
will be sold, pursuant to the power of sale as
provided in the deed of trust recorded in book
_______________ at page _______,
___________________ County, New Mexico, records, at
public auction to the highest bidder on the front
steps of the county courthouse in
_____________________ County, New Mexico, in or
near _____________________________, New Mexico, on
_________________, 20____, at ______________
o'clock ___m. of that day:
(street address, if any, or identifiable location
of trust real estate and legal description of
trust real estate)
Dated this ____________ day of
____________________, 20_____.
_________________________ ________________________
(Name of Trustor) (Name of Trustee)
________________________________
Signature
(Here add Acknowledgment).".
History: Laws 1987, ch. 61, § 11; 2006, ch. 32, § 4; 2007, ch. 156, § 2.
ANNOTATIONSThe 2007 amendment, effective April 2, 2007, eliminated the provision in Subsection B that a sale can be held on a day other than a nonbanking day.
Applicability. — Laws 2007, ch. 156, §7 provided that Laws 2006, ch. 32, codified as Sections 48-10-3, 48-10-7, 48-10-10, 48-10-11, 48-10-13, 48-10-16, 48-10-17 NMSA 1978, applied to deeds of trust executed on or after May 17, 2006 and that the provisions of Laws 2007, ch. 156 applied to deeds of trust executed on or after the effective date of Laws 2007, ch. 156, which was April 2, 2007.
The 2006 amendment, effective May 17, 2006, deleted the former Paragraph (2) of Subsection A, which provided that the trustee shall give notice by posting at least 20 days before the sale in a conspicuous place on the property to be sold and at the courthouse of the county in which the property is located.