Section 42-6-14 - Judicial sale; alternative remedies and priorities of state. - New Mexico Statutes

42-6-14. [Judicial sale; alternative remedies and priorities of state.]

Except as herein otherwise provided, a judicial sale made in pursuance of a judgment in such a suit 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. Provided, that 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, by its attorneys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled. And provided further, that where a sale of real estate is made to satisfy a lien prior to that of the state, the state shall have nine months from the date of sale within which to redeem. 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, and 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 such sum not exceeding the amount of its claim with expenses of sale, as may be directed by the head of the department, bureau or other agency of the state which has charge of the administration of the laws in respect of which the claim of the state arises.