(a) Except as otherwise provided in Subsection (b) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

Terms Used In New Mexico Statutes 55-9-516

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Filing does not occur with respect to a record that the secretary of state refuses to accept because:

(1)     the record is not communicated by a method or medium of communication authorized by the filing office;

(2)     an amount equal to or greater than the applicable filing fee is not tendered;

(3)     the filing office is unable to index the record because:

(A) in the case of an initial financing statement, the record does not provide a name for the debtor;

(B) in the case of an amendment or information statement, the record:

(i)     does not identify the initial financing statement as required by Section 55-9-512 or 55-9-518 N.M. Stat. Ann., as applicable; or

(ii)     identifies an initial financing statement whose effectiveness has lapsed under Section 55-9-515 N.M. Stat. Ann.;

(C) in the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or

(D) in the case of a record filed or recorded in the filing office described in Paragraph (1) of Subsection (a) of Section 55-9-501 N.M. Stat. Ann., the record does not provide a sufficient description of the real property to which it relates;

(4)     in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

(5)     in the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not:

(A) provide a mailing address for the debtor; or

(B) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

(6)     in the case of an assignment reflected in an initial financing statement under Subsection (a) of Section 55-9-514 N.M. Stat. Ann. or an amendment filed under Subsection (b) of Section 55-9-514 N.M. Stat. Ann., the record does not provide a name and mailing address for the assignee; or

(7)     in the case of a continuation statement, the record is not filed within the six-month period prescribed by Subsection (d) of Section 55-9-515 N.M. Stat. Ann..

(c) For purposes of Subsection (b) of this section:

(1)     a record does not provide information if the secretary of state is unable to read or decipher the information; and

(2)     a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by Section 55-9-512, 55-9-514 or 55- 9-518 NMSA 1978, is an initial financing statement.

(d) A record that is communicated to the filing office with tender of the filing fee, but that the secretary of state refuses to accept for a reason other than one set forth in Subsection (b) of this section, is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.