New Mexico § 19-4-41 - Commissioner; sale; notice by publication; deeds; fees

§ 19-4-41. Commissioner; sale; notice by publication; deeds; fees

The judge of said district court in all cases other than those mentioned in the preceding

section shall appoint a commissioner who shall be a resident of the county in which

such townsite is situate to make sale of the lots, blocks, parts or parcels of such

townsite not covered by the provisions of the preceding section, either at public

or private sale. In case of public sale such commissioner shall give notice thereof by publication

for four consecutive weeks in a newspaper published at the county seat of the county

where such townsite is situate, and by posting three notices at public places within

the limits of such townsite. In no case shall any of the lots, blocks, parts or parcels of land be sold for less

than their appraised value. Whenever the lands for sale in the hands of the commissioner can be disposed of

for more than or at their appraised value the same shall be sold by him within ninety

days from the day of his appointment. Upon the payment to such commissioner of the purchase price of any lot or lots,

block or blocks, parts or parcels of land such commissioner shall give a receipt to

the purchaser or purchasers for the purchase price, containing a description of the

lands sold to such purchaser or purchasers; and upon the presentation of such receipt

to the probate judge of the county where the land so sold is situate and in whom the

title thereto is vested, such probate judge shall forthwith make, deliver and execute

a sufficient deed to the purchaser or purchasers for the lands described in such receipt. Such commissioner shall receive for his fees and in full payment for his services

five per centum of the purchase price on all lands sold by him. The probate judge shall receive for executing a deed under the provisions of this

chapter the sum of two and fifty one-hundredths dollars ($2.50). The receipt of the commissioner shall be filed in the office of the county clerk

and recorded, for which filing and record the county clerk shall charge the sum of

one dollar ($1.00). The judge of the probate court shall receive five per centum on all moneys received

by him under the provisions of Section 19-4-40 NMSA 1978 . Such commissioner shall give a bond for the faithful performance of his duties in

such sum as the district court may designate.