Quieting Title

NMSA 1978 ch. 42, art. 6

in effect

NMSA 1978, § 42-6-1 By and against whom action may be brought; several tracts may be included in one action

42-6-1. By and against whom action may be brought; several tracts may be included in one action An action to determine and quiet the title of real property may be brought by anyone having or claiming an interest therein, or by the holder of any mortgage, mortgage deed, trust deed or any other written instrument which may operate as a mortgage, in an action brought to foreclose the said mortgage, mortgage deed, trust deed or such other written instrument, whether in or out of possession of the same, against any person or persons, claiming title thereto, or parcel or portion thereof, or lien thereon, whether such lien be a mortgage or otherwise. Any number of tracts of land may be embraced in the same action, whether claimed by different persons or not; and in instances where a tract of land title to which is sought to be quieted lies within more than one county such action may be brought in any county in which part of said tract lies. Title may be quieted against the owner or holder of any mortgage, claim of lien or other encumbrance, where the owner or holder of such mortgage, lien or encumbrance has permitted same to become barred by statute of limitations, and where the record or documentary evidence reflects that the required time to bar such mortgage or other lien has elapsed, the same shall constitute prima facie evidence that the debt or obligation and lien securing same is barred, and the owner or holder of such mortgage, lien or claim shall be estopped from asserting any rights thereunder in such suit. C.L. 1897, § 2685 (273), added by Laws 1907, ch. 107, § 1 (273); Code 1915, § 4387; Laws 1925, ch. 21, § 1; 1927, ch. 109, § 1; C.S. 1929, § 105-2001; Laws 1937, ch. 174, § 1; 1941 Comp., § 25-1301; Laws 1945, ch. 34, § 1; 1951, ch. 96, § 1; 1953 Comp., § 22-14-1.

NMSA 1978, § 42-6-2 Complaint; parties; unknown claimants

42-6-2. Complaint; parties; unknown claimants The plaintiff must file his complaint in the district court, setting forth the nature and extent of his estate and describing the premises as accurately as may be, and averring that he is credibly informed and believes that the defendant makes some claim adverse to the estate of the plaintiff, and praying for the establishment of the plaintiff's estate against such adverse claims, and that the defendant be barred and forever estopped from having or claiming any lien upon or any right or title to the premises, adverse to the plaintiff, and that plaintiff's title thereto be forever quieted and set at rest. Any or all persons whom the plaintiff alleges in his complaint he is informed and believes make claim adverse to the estate of the plaintiff, the unknown heirs of any deceased person whom plaintiff alleges in his complaint in his lifetime made claim adverse to the estate of the plaintiff, and all unknown persons claiming any lien, interest or title adverse to plaintiff, may be made parties defendant to said complaint by their names, as near as the same can be ascertained, such unknown heirs by the style of unknown heirs of such deceased person, and said unknown persons who may claim any lien, interest or title adverse to the plaintiff, by the name and style of unknown claimants of interest in the premises adverse to the plaintiff. When the plaintiff shall allege generally in his complaint that he has made due search and inquiry to ascertain whether any person whom he desires to name as party defendant in said cause is living or dead and is unable to ascertain with certainty whether such person is living or dead, such person and his unknown heirs may be made parties defendant to said complaint under the name and style of "(name of the party), if living, if deceased, the unknown heirs of (name of the party), deceased." Service of process and notice of said suit against all of such defendants shall be made as in other cases in conformity with the provisions of law and rules of court relating to the service of process. Trial Court Rule 105-2002; 1941 Comp., § 25-1302; 1953 Comp., § 22-14-2; Laws 1973, ch. 199, § 1; 1977, ch. 150, § 1.

NMSA 1978, § 42-6-3 [Numerous claimants; suit by committee.]

42-6-3. [Numerous claimants; suit by committee.] Whenever any number of persons, more than ten, hold or claim the title to any tract of land as tenants in common, coclaimants, joint tenants or coparceners holding and claiming such land by adverse possession or otherwise they may elect or appoint a committee from their number who shall be authorized to commence and maintain an action in the name of such committee for the benefit and to the use of the whole number of such persons against any person or persons claiming an adverse estate or interest therein for the purpose of determining such adverse claim or of establishing their title, or of removing a cloud upon the same. Laws 1907, ch. 76, § 2; Code 1915, § 4389; C.S. 1929, § 105-2003; 1941 Comp., § 25-1303; 1953 Comp., § 22-14-3.

NMSA 1978, § 42-6-4 [Committee may make contracts; binding effect.]

42-6-4. [Committee may make contracts; binding effect.] The committee so appointed may make and execute all contracts which they deem necessary or requisite for the commencement and prosecution of said action and the same shall be binding upon all the persons who participate in the selection or appointment of said committee. Laws 1907, ch. 76, § 3; Code 1915, § 4390; C.S. 1929, § 105-2004; 1941 Comp., § 25-1304; 1953 Comp., § 22-14-4.

NMSA 1978, § 42-6-5 [Manner of appointment of committee; effect of appointment; persons not appointing committee made defendants; unknown claimants.]

42-6-5. [Manner of appointment of committee; effect of appointment; persons not appointing committee made defendants; unknown claimants.] The appointment of such committee may be by an instrument or instruments in writing, executed by the persons so holding or claiming such title and acknowledged as provided by law for acknowledgment of other interests affecting the title to real estate in this state, which instrument or instruments or certified copies thereof shall be filed at the time of commencement of such action in the office of the clerk of the district court of the district in which such tract of land is situate and the decree rendered therein shall recite the names of all such persons so participating in the selection of said committee and shall be binding upon all such persons as an adjudication of their interests in the tract of land involved. All persons claiming any interest or estate in such tract of land as tenants in common or otherwise who do not participate in the selection of such committee, and all unknown claimants thereto may be made parties defendant to such action and process may be served upon them as in other civil actions. Laws 1907, ch. 76, § 4; Code 1915, § 4391; C.S. 1929, § 105-2005; 1941 Comp., § 25-1305; 1953 Comp., § 22-14-5.

NMSA 1978, § 42-6-6 [Joinder of parties plaintiff.]

42-6-6. [Joinder of parties plaintiff.] Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, coparceners or in severalty, may unite in an action against any person or persons claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title or of removing a cloud upon the same. Laws 1907, ch. 76, § 5; Code 1915, § 4392; C.S. 1929, § 105-2006; 1941 Comp., § 25-1306; 1953 Comp., § 22-14-6.

NMSA 1978, § 42-6-7 [Disclaimer; costs; default.]

42-6-7. [Disclaimer; costs; default.] If the defendant, or any of them, shall appear and disclaim all right and title adverse to the plaintiff, he shall recover his costs, and in all other cases the costs shall be in the discretion of the court. If the defendant or any one of them fails to appear and answer, the court may render decree against such defendant so failing to appear in accordance with the prayer of the bill of complaint, or such other decree in the premises as to the court shall appear meet and proper. C.L. 1897, § 2685 (275), added by Laws 1907, ch. 107, § 1 (275); Code 1915, § 4393; C.S. 1929, § 105-2007; 1941 Comp., § 25-1307; 1953 Comp., § 22-14-7.

NMSA 1978, § 42-6-8 [Mines deemed real estate.]

42-6-8. [Mines deemed real estate.] For the purposes of this article and for all other purposes, mines shall be deemed and taken to be real estate. C.L. 1897, § 2685 (277), added by Laws 1907, ch. 107, § 1 (277); Code 1915, § 4395; C.S. 1929, § 105-2009; 1941 Comp., § 25-1308; 1953 Comp., § 22-14-8.

NMSA 1978, § 42-6-9 [Equitable procedure.]

42-6-9. [Equitable procedure.] The action contemplated by this article shall be conducted as other actions, by equitable proceedings under the rules of chancery. C.L. 1897, § 2685 (276), added by Laws 1907, ch. 107, § 1 (276); Code 1915, § 4394; C.S. 1929, § 105-2008; 1941 Comp., § 25-1309; 1953 Comp., § 22-14-9.

NMSA 1978, § 42-6-10 [Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.]

42-6-10. [Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.] Whenever any attorney-at-law performs any legal services for the plaintiff, at the request or instance of any person interested in lands or land claims, or any part thereof, in any court which may be held in this state, either federal or state, for the purpose of confirming, quieting or establishing the title of any tract of land and it shall be agreed or it has been agreed, between such attorney and such person so interested, that such attorney shall represent the plaintiff and receive for such services any part or portion of such land, such attorney may directly institute suit against all the owners of such tract of land, known or unknown, to establish his right and title in him under said agreement to the part or portion of such land agreed to be paid to him for his services; or he may in any suit brought to quiet the title to such tract of land or any part thereof, thereafter, or to partition the same, or both, intervene and set up his claim therein for the part of such land so agreed to be paid him for his services, and it shall be the duty of the court in all such cases to decide in such suit or intervention, and if it be found that there was such an agreement, made by such person owning or interested in such lands, or any part thereof, and acting in whole or in part for the plaintiff or any of them, and also that the services were worth, according to the usual charges in this state for such service, at the time they were rendered, or agreed to be rendered, the amount so agreed to be paid for the same to adjudge or decree the amount so agreed to be paid for such services out of the lands involved in the suit or proceedings, as his property. And the same may be partitioned or set apart to him, in any partition suit then pending, or which may thereafter be pending; or if the court should find that the amount so agreed to be paid exceeds the value of the services in this state at the time they were rendered or contracted for, then the court shall allow or adjudge or decree to such attorney an amount of such land as compensation for his services as will be reasonable as aforesaid. Laws 1909, ch. 120, § 5; Code 1915, § 4396; C.S. 1929, § 105-2010; 1941 Comp., § 25-1310; 1953 Comp., § 22-14-10.

NMSA 1978, § 42-6-11 [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.]

42-6-11. [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.] Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall bring suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate, and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred in the prosecution of such suits, including reasonable attorney's fees, actually expended by him, shall be and remain a charge against the real property so affected of such co-owners, with lien in proportion to the several amounts of land claimed by each, and such proportionate charge shall be collected, with interest at the rate of twelve percent per annum additional, as a charge or lien upon the real property of such co-owners which was beneficially affected by such suit, and none of such real estate so beneficially affected shall be exempt from said charge or lien by virtue of any execution or forced sale exemption law in force in this state. Laws 1893, ch. 37, § 1; C.L. 1897, § 2186; Code 1915, § 4397; C.S. 1929, § 105-2011; 1941 Comp., § 25-1311; 1953 Comp., § 22-14-11.

NMSA 1978, § 42-6-12 [Consent of state in quiet title and foreclosure suits.]

42-6-12. [Consent of state in quiet title and foreclosure suits.] Upon the conditions herein prescribed for the protection of the state of New Mexico, the consent of the state is given to be named a party in any suit which is now pending or which may hereafter be brought in any court of competent jurisdiction of the state to quiet title to or for the foreclosure of a mortgage or other lien upon real estate or personal property, for the purpose of securing an adjudication touching any mortgage or other lien the state may have or claim on the premises or personal property involved. 1941 Comp., § 25-1312, enacted by Laws 1947, ch. 150, § 1; 1953 Comp., § 22-14-12.

NMSA 1978, § 42-6-13 Method of service on state; answer

42-6-13. Method of service on state; answer Service upon the state shall be made by serving the process of the court, with a copy of the complaint, upon the attorney general of the state and the state agency involved in the action. The complaint shall set forth with particularity the nature of the interest or lien of the state on the property. The attorney general and the state agency shall have thirty days after service as above provided, or such further time as the court may allow, within which to serve an answer or other pleading. 1941 Comp., § 25-1313, enacted by Laws 1947, ch. 150, § 2; 1953 Comp., § 22-14-13; Laws 1969, ch. 111, § 1; 1970, ch. 24, § 1.

NMSA 1978, § 42-6-14 Judicial sale; alternative remedies

42-6-14. Judicial sale; alternative remedies A. Except as provided in Subsection B or C of this section, a judicial sale made in pursuance of a judgment in a suit in which the state is a party, to quiet title to or to foreclose a mortgage or other lien upon real estate or personal property, shall have the same effect respecting the discharge of the property from liens and encumbrances held by the state as may be provided with respect to such matters by law as to all other persons. B. A sale to satisfy a lien inferior to one of the state shall be made subject to and without disturbing the lien of the state, unless the state consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled. C. Where a sale of real estate is made to satisfy a lien prior to that of the state, the state shall have one month from the date of sale within which to redeem, but the district court, upon a showing of good cause that redemption will be effected, may increase the redemption period to not more than nine months. D. In any case where the debt owing the state is due, the state may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage. E. In any case where property is sold to satisfy a first mortgage or first lien held by the state, the state may bid at the sale a sum not exceeding the amount of its claim with expenses of sale, as may be directed by the head of the agency of the state that has charge of the administration of the laws in respect of which the claim of the state arises. 1941 Comp., § 25-1314, enacted by Laws 1947, ch. 150, § 3; 1953 Comp., § 22-14-14; 2011, ch. 171, § 1.

NMSA 1978, § 42-6-15 [Release of lien held by state.]

42-6-15. [Release of lien held by state.] If any person shall have a lien upon any real or personal property, duly filed of record in the county in which the property is located and a junior lien (other than a lien for any tax) in favor of the state attaches to such property, such person may make a written request to the officer of the state charged with the administration of the laws in respect of which the lien of the state arises, to have the same extinguished. If, after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the state, or that the claim of the state has been satisfied, or by lapse of time or otherwise, has become unenforceable, such officer shall so report to the attorney general, who thereupon may issue a certificate of release which shall operate to release the property from such lien. 1941 Comp., § 25-1315, enacted by Laws 1947, ch. 150, § 4; 1953 Comp., § 22-14-15.

NMSA 1978, § 42-6-16 [State exempt from payment of costs or money judgment.]

42-6-16. [State exempt from payment of costs or money judgment.] No judgment for costs or other money judgment shall be rendered against the state in any suit or proceeding which may be instituted under the provisions of this act [42-6-12 to 42-6-16 NMSA 1978]. Nor shall the state be or become liable for the payment of the costs of any such suit or proceeding or any part thereof. 1941 Comp., § 25-1316, enacted by Laws 1947, ch. 150, § 5; 1953 Comp., § 22-14-16.

NMSA 1978, § 42-6-17 Effect of decree against state

42-6-17. Effect of decree against state A decree quieting title against the state is effective only against a claim, interest or lien of the state that has been set forth in the pleading served upon the state with sufficient factual detail to give the state reasonable notice of the basis of the claim, interest or lien sought to be quieted; provided, however, that service of a copy of the complaint on the state tax commission [property tax division of the taxation and revenue department], identifying the land, and setting out all delinquent taxes shown on the county tax rolls, pertaining to such land, shall be deemed sufficient notice to the state of all claims of the state arising out of delinquent ad valorem taxes or unrecorded instruments of title and any decree quieting title against the state shall be effective to cut off any claim arising from such unrecorded instrument of title or claim for unpaid taxes. 1953 Comp., § 22-14-17, enacted by Laws 1965, ch. 176, § 1; 1969, ch. 111, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18542/index.doFetched: 10/20/2026