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Assignment of Mortgage Form - Eddy County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/24/2021
Guidelines for Assignment of Mortgage - Eddy County
Line by line guide explaining every blank on the form.
Included document last updated 3/4/2021
Completed Example of the Assignment of Mortgage Document - Eddy County
Example of a properly completed form for reference.
Included document last updated 3/15/2021
*The Following New Mexico and Eddy County supplemental forms are included as a courtesy with your order.
Real Property Affidavit
Unless exempt, this form is required within 30 days from the recordation of a deed. The form lists the exemptions.
Certification of Trust
The rules relating to certifications of trust are codified at 46A-10-1013 NMSA 1978. Include this document when conveying an interest in real estate that is held by a trust.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
This Assignment of Mortgage form is commonly used when the current lender transfers the loan to a third party, this is typically done when the mortgage is sold to the third party.
48-7-2. [Assignments of mortgages; recording; person entitled to payment; effect of failure to record; assignee's action against assignor.]
In cases where assignments of real estate mortgages are made subsequent to the date this act takes effect, and such assignments are not recorded in the office of the county clerk of the proper county, the mortgagor, his heirs, personal representatives or assigns may pay the principal debt secured by such mortgage or accrued interest thereon, prior to the recording of such assignment, to the mortgagee; but if an assignment of such mortgage appears upon the proper record of such county clerk, then such payment may be made to the last assignee whose assignment is so recorded, and such payment shall be effectual to extinguish all claims against such mortgagor, his heirs, personal representatives or assigns, for or on account of such interest or such principal indebtedness. No transfer of any note, bond or other evidence of indebtedness, by endorsement or otherwise, where such indebtedness is secured by mortgage on real estate within this state, shall prevent or operate to defeat the defense of payment of such interest or principal by the mortgagor, his heirs, personal representatives or assigns, where such payment has been made to the mortgagee whose mortgage is duly recorded or to the assignee whose assignment appears last of record in accordance with the provisions of this act [ 48-7-2, 48-7-3 NMSA 1978]; provided, however, that the assignee who may hold an unrecorded assignment of a real estate mortgage which is immediately subsequent to such recorded mortgage or to the last recorded assignment shall have a right of action against his assignor to recover the amount of any such payment of interest or principal made to such assignor, as upon an account for money had and received for the use of such assignee.
14-9-4. Filing for record; effect; reception book.
The time of the recording of an instrument shall be the time of its deposit in the office of the county clerk and his entry thereof in the reception book as herein provided. It shall be the duty of every county clerk immediately on the receipt for record of any deed, mortgage or other writing affecting the title to real estate, to enter the same by the name of the grantor, mortgagor or other persons [person] whose title is affected thereby, in a proper book, arranged in alphabetical or numerical order, to be known as the reception book, together with the date, hour and minute of such record. Any county clerk failing to make such entry immediately, shall be punished by a fine of one hundred dollars [($100)], and shall also be liable for damages to any person injured by such neglect, to the extent of such injury.
For use in New Mexico only.
Get your Eddy County Assignment of Mortgage form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Eddy County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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