A. Upon application to a district court, the district court shall appoint a receiver in an action by a mortgagee or secured party or in any other action based upon a contract or other written agreement, where such mortgage, security agreement, contract or other written agreement provides for the appointment of a receiver.

Terms Used In New Mexico Statutes 44-8-4

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.

B. Upon application to a district court, the district court may appoint a receiver:

(1)     when specific statutory provisions authorize the appointment of a receiver;

(2)     in an action between or among persons owning or claiming an interest in the receivership estate;

(3)     in actions where receivers have customarily been appointed by courts of law or equity;

(4)     when a receiver has been appointed for a business entity or other person by a court of competent jurisdiction in another state, and that receiver seeks to collect, take possession or manage assets of the receivership estate located in New Mexico; or

(5)     in any other case where, in the discretion of the district court, just cause exists and irreparable harm may result from failure to appoint a receiver.