us-nm/stat
NMSA 1978, § 7-38-67 — Real property sale requirements
A.
Real property shall not be sold for delinquent taxes before the expiration of three
years from the first date shown on the tax delinquency list on which the taxes on the
real property became delinquent.
B.
Notice of the sale shall be published in a local newspaper within the county
where the real property is located or, if there is no local county or municipal newspaper,
then a newspaper published in a county contiguous to or near the county in which the
real property is located, at least once a week for the three weeks immediately preceding
the week of the sale. For more generalized notice, the department may choose to
publish notice of the sale also in a newspaper not published within the county and of
more general circulation. The notice shall state the time and place of the sale and shall
include a description of the real property sufficient to permit its identification and location
by potential purchasers.
C.
Real property shall be sold at public auction either by the department or an
auctioneer hired by the department. The auction shall be held in the county where the
real property is located at a time and place designated by the department.
D.
If the real property can be divided so as to enable the department to sell only part
of it and pay all delinquent taxes, penalties, interest and costs, the department may,
with the consent of the owner, sell only a part of the real property.
E.
Before the sale, the department shall determine a minimum sale price for the real
property. In determining the minimum price, the department shall consider the value of
the property owner's interest in the real property, the amount of all delinquent taxes,
penalties and interest for which it is being sold and the costs. The minimum price shall
not be less than the total of all delinquent taxes, penalties, interest and costs. Real
property shall not be sold for less than the minimum price unless no offer met the
minimum price when it was offered at an earlier public auction or the property is sold in
accordance with the provisions of Subsection H of this section. A sale properly made
under the authority of and in accordance with the requirements of this section
constitutes full payment of all delinquent taxes, penalties and interest that are a lien
against the property at the time of sale, and the sale extinguishes the lien.
F.
Payment shall be made in full by the close of the public auction before an offer
may be deemed accepted by the department.
G.
Real property not offered for sale may be offered for sale at a later sale, but the
requirements of this section and Section 7-38-66 NMSA 1978 shall be met in
connection with each sale.
H.
The board of trustees of a community land grant-merced governed pursuant to
the provisions of Chapter 49, Article 1 NMSA 1978 or by statutes specific to the named
land grant-merced shall be allowed to match the highest bid at a public auction, which
shall entitle the board of trustees to purchase the property for the amount bid if:
(1) the property is situated within the boundaries of that land grant-merced as
shown in the United States patent to the grant;
(2) the bid covers all past taxes, penalties, interest and costs due on the
property; and
(3) the land becomes part of the common lands of the land grant-merced.
Source: official text