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NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-1-49

Legal effect of certificate of sale

Official textnmonesource.comlast amended

In all cases of sale of property other than real property, the certificate of sale provided for in Section 7-1-48 NMSA 1978 shall:

# A.

be prima facie evidence of the right of the department to make the sale and conclusive evidence of the regularity of the proceedings in making the sale;

# B.

transfer to the purchaser all right, title and interest of the delinquent taxpayer in and to the property sold, subject to all outstanding prior interests and encumbrances of record and free of any subsequent encumbrance;

# C.

if such property consists of stock certificates, be notice, when received, to any corporation, company or association of such transfer and be authority to such corporation, company or association to record the transfer on its books and records in the same manner as if the stock certificates were transferred or assigned by the record owner;

# D.

if the subject of sale is securities or other evidences of debt, be a good and valid receipt to the person holding the same, as against any person holding or claiming to hold possession of the securities or other evidences of debt; and

# E.

if such property consists of a motor vehicle as represented by its title, be notice, when received, to any public official charged with the registration of title to motor vehicles of the transfer and be authority to that official to record the transfer on the official's books and records in the same manner as if the certificate of title to the motor vehicle were transferred or assigned by the record owner.

Amendment history

1953 Comp., § 72-13-63, enacted by Laws 1965, ch. 248, § 51; 1979, ch. 144, § 44; 2001, ch. 56, § 12.

Source: official source (NMSA chapter on nmonesource.com)

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In this article (40 sections)
  1. 7-1-29.2 · Credit claims
  2. 7-1-30 · Collection of penalties and interest
  3. 7-1-31 · Seizure of property by levy for collection of taxes
  4. 7-1-32 · Contents of warrant of levy
  5. 7-1-33 · Successive seizures
  6. 7-1-34 · Surrender of property subject to levy; penalty
  7. 7-1-35 · Stay of levy
  8. 7-1-36 · Property exempt from levy
  9. 7-1-37 · Assessment as lien
  10. 7-1-38 · Notice of lien
  11. 7-1-39 · 7-1-39
  12. 7-1-40 · Foreclosure of lien
  13. 7-1-41 · Notice of seizure
  14. 7-1-42 · Notice of sale
  15. 7-1-43 · Sale of indivisible property
  16. 7-1-44 · Requirements of sale
  17. 7-1-45 · Manner of sale or conversion to money
  18. 7-1-46 · Minimum prices
  19. 7-1-47 · Redemption before sale
  20. 7-1-48 · Documents of title
  21. 7-1-49 · Legal effect of certificate of sale
  22. 7-1-50 · Legal effect of deed to real property
  23. 7-1-51 · Proceeds of levy and sale
  24. 7-1-52 · Release of levy
  25. 7-1-53 · Enjoining delinquent taxpayer from continuing in business
  26. 7-1-54 · Security for payment of tax
  27. 7-1-55 · Contractor's bond for gross receipts; tax; penalty
  28. 7-1-56 · Sale of or proceedings against security
  29. 7-1-57 · Surety bonds
  30. 7-1-58 · Permanence of tax debt; civil actions to collect tax
  31. 7-1-59 · Jeopardy assessments
  32. 7-1-60 · Estoppel against state
  33. 7-1-61 · Duty of successor in business
  34. 7-1-62 · Duty of secretary; release of successor
  35. 7-1-63 · Assessment of tax due; application of payment
  36. 7-1-64 · Repealed
  37. 7-1-65 · Reciprocal enforcement of tax judgments
  38. 7-1-66 · 7-1-66
  39. 7-1-67 · Interest on deficiencies
  40. 7-1-67.1 · Repealed
Full table of contents →