New Mexico § 56-1-16 - Variable rates
Full text of New Mexico New Mexico Statutes Annotated § 56-1-16 — Variable rates, with citation guidance and answers to common questions.
§ 56-1-16. Variable rates
A retail installment contract for the purchase of a mobile home may provide that the
rate of time price differential may be adjusted at stated intervals, in which case
the retail installment contract shall be subject to the following provisions: A. adjustments in the rate charged shall be based on changes in a specific index,
as set forth in the retail installment contract, with the index base being fixed by
the index value in effect on the first day of the month in which the retail installment
contract is dated. The index may be only an index approved by the federal home loan bank board or by
the office of the comptroller of the currency of the department of the treasury for
adjustable or variable interest rates on residential mortgage loans; B. subject to the limitations prescribed by this section, the adjustments to the rate
of time price differential on each rate adjustment date, either up or down, shall
be equal to the difference between the index value in effect on the first day of the
second calendar month preceding the month in which the rate adjustment falls and the
index value in effect on the first day of the month in which the retail installment
contract is executed; or, for adjustments after the initial adjustment, the adjustment
shall be equal to the difference between the index value in effect on the first day
of the second calendar month preceding the adjustment date and the index value in
effect on the first day of the second calendar month preceding the date of the immediately
preceding rate adjustment; C. for any six-month period, no rate adjustment may result in a rate of time price
differential which is more than one percentage point greater or less than the rate
of time price differential in effect in the preceding six-month period. At no point in time shall the rate of time price differential after adjustment be
more than ten percentage points more or less than the rate of time price differential
in effect when the retail installment contract was dated; D. any increase in the rate permitted by this section may be waived at the option
of the seller. Any decrease in the rate warranted by decreases in the index is mandatory, subject
to the limitations prescribed by this section and by the provisions of Subsection
E of this section. If the seller agrees to impose a periodic or aggregate limitation on rate adjustments
that is smaller or more restrictive than the limitations prescribed by this section,
such limitation shall apply both to increases and decreases; E. any changes in the index not reflected in adjustments to the rate of time price
differential shall be carried over to succeeding rate adjustment periods and be implemented
to the extent they are not offset by opposite movements in the index; and F. adjustments to the rate of time price differential may result in changes in the
amount of any installment payment due under the retail installment contract or in
changes in the term of the retail installment contract or in a combination of such
changes in amount and term. Adjustments to the amount of installment payments may be made less frequently than
adjustments to the rate of time price differential.
Frequently Asked Questions About New Mexico § 56-1-16
What does New Mexico Statutes Annotated § 56-1-16 cover?
Section 56-1-16 ("Variable rates") 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 § 56-1-16?
A common citation format is "New Mexico Statutes Annotated § 56-1-16" (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 § 56-1-16 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.