New Mexico § 38-1-14 - Notice of lis pendens; contents; recording; effect

§ 38-1-14. Notice of lis pendens; contents; recording; effect

In all actions in the district court of this state or in the United States district

court for the district of New Mexico affecting the title to real estate in this state,

the plaintiff, at the time of filing his petition or complaint, or at any time thereafter

before judgment or decree, may record with the county clerk of each county in which

the property may be situate a notice of the pendency of the suit containing the names

of the parties thereto, the object of the action and the description of the property

so affected and concerned, and, if the action is to foreclose a mortgage, the notice

shall contain, in addition, the date of the mortgage, the parties thereto and the

time and place of recording, and must be recorded five days before judgment, and the

pendency of such action shall be only from the time of recording the notice, and shall

be constructive notice to a purchaser or encumbrancer of the property concerned;

and any person whose conveyance is subsequently recorded shall be considered a subsequent

purchaser or encumbrancer and shall be bound by all the proceedings taken after the

recording of the notice to the same extent as if he were made a party to the said

action. The lis pendens notice need not be acknowledged to entitle it to be recorded.