HB 293 — DUPLICATES FOR INSTRUMENTS OF WRITING

HOUSE BILL 293 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Greg Nibert Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

CHANGING THE REQUIREMENTS FOR h FILING AND RECORDING DUPLICATES OF INSTRUMENTS OF WRITINGWRITING; SJCº;

g o REMOVING CERTAIN USAGE OF THE COUNTY CLERK RECORDING AND FILING t hr g e i k FUND;

CREATING ACTUAL AUTHORITY FOR SPECIFIED PERSONS IN h r i s BUSINESS ENTITIES TO ENTER INTO REAL PROPERTY CONVEYANCES AND h , t, ENCUMBRANCES;

PROVIDING EXCEPTIONS»SJCEXCEPTIONS; Sflº;

REPEALING A e u g e b l e e h SECTION OF THE NMSA»Sfl.NMSA.

n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 14-8-4 NMSA 1978 (being Laws 1901, dChapter m62, :Section 18, as amended) is amended to read:

b e d s º o t n = .211539.2 s k m e e a n e d r e l u [ A d Chapter 62, Section 18, as amended) is amended to read:

ACKNOWLEDGMENT NECESSARY FOR RECORDING-- EXCEPTIONS--RECORDING OF DUPLICATESDUPLICATES.-- .-- A.

[A duplicate of an instrument of writing duly acknowledged may be filed and recorded to the same extent as the original.] B.

hHB 293/a Page 1 (1) court-certified copies of a court order, g o t hr judgment or other judicial decree;

g e i k (2) court-certified transcripts of any money h r i s judgment obtained in a court of [this state ] New Mexico or, h , t, pursuant to Section 14-9-9 NMSA 1978, in the United States e u g e b l e e h district court for the district of New Mexico;

n d d i = = o h (3) land patents and land office receipts;

l ] b ,d i a º e (4) notice of lis pendens filed pursuant to r i = r t e w d m a n o Section 38-1-14 NMSA 1978;

d(5) mprovisional :orders creating improvement districts pursuant to Section 4-55A-7 NMSA 1978;

b e d s º o t n = .211539.2 s k m e - 2 - e a n e d r e l u [ A d (5) provisional orders creating improvement districts pursuant to Section 4-55A-7 NMSA 1978;

If an original instrument of writing is hHB 293/a Page 2 unavailable but, if it were available, could be filed and g o t hr recorded in accordance with this section, a duplicate of that g e i k instrument shall be accepted for filing and recording if h r i s accompanied by an affidavit executed pursuant to this h , t, subsection.

e u g e b l e e h (1) provide the name, phone number and mailing n d d i = = o h address of the affiant;

l(2) ]provide binformation ,dregarding ithe aexecution ºof ethe (2)instrument, provideconsideration informationpaid, regardingdelivery theor rother iinformation =establishing rthat tthe eoriginal winstrument, dif mit awere navailable, owould executionbe ofentitled theto instrument,be considerationrecorded paid,pursuant deliveryto orSubsection dA mof :this section;

b e d s º o t n = .211539.2 s k m e - 3 - e a n e d r e l u [ A d other information establishing that the original instrument, if it were available, would be entitled to be recorded pursuant to Subsection A of this section;

When the clerk records the instrument, the grantor and grantee shall be those of the duplicate HB 293/a Page 3 instrument and the name of the affiant shall be indexed under h miscellaneous information.

g o t hr [D.] F.

Any filing or recording permitted or g e i k required under the provisions of the Uniform Commercial Code h r i s need not comply with the requirements of this section.

h , t, [E.] G.

Instruments acknowledged on behalf of a e u g e b l e e h corporation need not have the corporation's seal affixed n d d i = = o h thereto in order to be filed and recorded.

SflºSECTION "»Sfl2. l ] b ,d i a º e SflºH.

REPEAL.–Section 14-8-15.1 (being Laws 2011, r i = r t e w d m a n o Chapter 134, Section 22) is repealed.”»Sfl d m :

b e d s º o t n = .211539.2 s k m e e a n e d r e l u [ A d SJCºSECTION 2.

(1) to rent, purchase, lease or lease-purchaselease- purchase recording equipment and for supplies, training and maintenance for such equipment;

[(2)(2) to rent, purchase, lease or lease-purchaselease- equipmentpurchase vehicles associated with all regular duties in h the county clerk's office and for supplies, training and uHB »293/a rPage t4 h maintenance for such equipment;vehicles, provided that the county clerk shall report annually to the board of county commissioners the usage, mileage and necessity of any vehicle acquired pursuant to this paragraph;

g(3) efor ltechnical iassistance (3)] (2) to rent, purchase, lease or lease-for htraining r i s purchase vehicles associated with all regular duties inof the h , e h t u g county clerk's officeoffice; and for supplies, training and e b l e e , gh maintenance for such vehicles, provided that the county clerk n d d i = = o h l ] b ,d shall report annually to the board of county commissioners the i a º r e r = usage, mileage and necessity of any vehicle acquired pursuant t e w d m a n o d m :

bor r(4) efor tstaff ºtravel oassociated twith nall =regular .211539.2duties sof kthe mcounty eclerk's eoffice apursuant nto ethe dPer rDiem eand lMileage uAct." [SECTION A3. d to this paragraph;

[(4)]A (3)new forsection technicalof assistanceChapter or47, forArticle training1 associatedNMSA with1978 allis regularenacted dutiesto ofread: the county clerk's office;

or"ACTUAL [(5)]AUTHORITY--REPRESENTATIVES (4)OF forBUSINESS staffENTITIES--EXCEPTION.-- travelA. associated with all regular duties of the county clerk's office pursuant to the Per Diem and Mileage Act." SECTION 3.

A new section of Chapter 47, Article 1 NMSA is enacted to read:

"[NEW MATERIAL] ACTUAL AUTHORITY--REPRESENTATIVES OF BUSINESS ENTITIES--EXCEPTION.-- A.

h g (1) for a cooperative association: