New Mexico Statutes
§ 47-1-40 — [Construction of "mortgage covenants".]
New Mexico § 47-1-40
This text of New Mexico § 47-1-40 ([Construction of "mortgage covenants".]) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.M. Stat. Ann. § 47-1-40 (2026).
Text
In a mortgage or deed of trust by way of mortgage of real estate "mortgage covenants" shall have the full force and meaning and effect of the following words and shall be applied and construed accordingly: "the mortgagor for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and assigns that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the mortgagee and his heirs, successors and assigns forever against the lawful claims and demands of all persons."
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Legislative History
1941 Comp., § 75-138, enacted by Laws 1947, ch. 203, § 13; 1953 Comp., §
Nearby Sections
15
§ 47-1-1
"Real estate" defined§ 47-1-11
[Instruments by agent authorized.]§ 47-1-12
[Conveyance by decree or master.]§ 47-1-17
[Entailed estates.]§ 47-1-17.1
Repealed§ 47-1-20
[Remainder to unborn child.]Cite This Page — Counsel Stack
Bluebook (online)
New Mexico § 47-1-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/47/47-1-40.