New Mexico § 47-1-40 - Construction of “mortgage covenants”
Full text of New Mexico New Mexico Statutes Annotated § 47-1-40 — Construction of “mortgage covenants”, with citation guidance and answers to common questions.
§ 47-1-40. Construction of “mortgage covenants”
In a mortgage or deed of trust by way of mortgage of real estate “mortgage covenants”
shall have the full force and meaning and effect of the following words and shall
be applied and construed accordingly: “the mortgagor for himself, his heirs, executors,
administrators and successors, covenants with the mortgagee and his heirs, successors
and assigns that he is lawfully seized in fee simple of the granted premises; that
they are free from all encumbrances; that the mortgagor has good right to sell and
convey the same; and that he will, and his heirs, executors, administrators and successors
shall, warrant and defend the same to the mortgagee and his heirs, successors and
assigns forever against the lawful claims and demands of all persons.”
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 47-1-40
What does New Mexico Statutes Annotated § 47-1-40 cover?
Section 47-1-40 ("Construction of “mortgage covenants”") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 47-1-40?
A common citation format is "New Mexico Statutes Annotated § 47-1-40" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 47-1-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.