(a) Except as otherwise provided in the Uniform Commercial Code [Chapter 55, NMSA 1978], a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors.

Terms Used In New Mexico Statutes 55-9-201

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Statute: A law passed by a legislature.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

(b) A transaction subject to N.M. Stat. Ann. Chapter 55, Article 9 is subject to any applicable rule of law which establishes a different rule for consumers, and to the provisions of the Oil and Gas Products Lien Act N.M. Stat. Ann. § 48-9-1 to 48-9-8; N.M. Stat. Ann. Chapter 56, Article 1; the Artists’ Consignment Act N.M. Stat. Ann. § 56-11-1 to 56-11-3; the Pawnbrokers Act N.M. Stat. Ann. § 56-12-1 to 56-12-16; the New Mexico Bank Installment Loan Act of 1959 [58-7-1 N.M. Stat. Ann.]; the New Mexico Small Loan Act of 1955 [N.M. Stat. Ann. Chapter 58, Article 15]; the Motor Vehicle Sales Finance Act [58-19- 1 NMSA 1978]; and to rules adopted under those statutes.

(c) In case of conflict between N.M. Stat. Ann. Chapter 55, Article 9 and a rule of law, statute or rule described in Subsection (b) of this section, the rule of law, statute or rule controls. Failure to comply with a statute or rule described in Subsection (b) of this section has only the effect the statute or rule specifies.

(d) N.M. Stat. Ann. Chapter 55, Article 9 does not:

(1)     validate any rate, charge, agreement or practice that violates a rule of law, statute or rule described in Subsection (b) of this section; or

(2)     extend the application of the rule of law, statute or rule to a transaction not otherwise subject to it.

(e) The filing provisions set forth in the Farm Products Secured Interest Act N.M. Stat. Ann. § 56-13-1 to 56-13-14 and in the Public Utility Act [62-13-1 N.M. Stat. Ann.] are in addition to the filing provisions set forth in N.M. Stat. Ann. Chapter 55, Article 9. Failure to comply with the filing provisions in those acts has only the effect specified in those acts.