§ 55-9-109 — Scope

(a) Except as otherwise provided in Subsections (c) and (d) of this section, Chapter 55, Article 9 NMSA 1978 applies to: (1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) an agricultural lien; (3) a sale of accounts, chattel paper, payment intangibles or promissory notes; (4) a consignment; (5) a security interest arising under Section 55-2-401, 55-2-505, Subsection (3) of Section 55-2-711 or Subsection (5) of Section 55-2A-508 NMSA 1978, as provided in Section 55-9-110 NMSA 1978; and (6) a security interest arising under Section 55-4-210 or 55-5-118 NMSA 1978. (b) The application of Chapter 55, Article 9 NMSA 1978 to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. (c) Chapter 55, Article 9 NMSA 1978 does not apply to the extent that: (1) a statute, regulation or treaty of the United States preempts the article; (2) another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state; (3) a statute of another state, a foreign country or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority or enforcement of a security interest created by the state, country or governmental unit; or (4) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 55-5-114 NMSA 1978. (d) Chapter 55, Article 9 NMSA 1978 does not apply to: (1) a landlord's lien, other than an agricultural lien; (2) a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Section 55-9-333 NMSA 1978 applies with respect to priority of the lien; (3) an assignment of a claim for wages, salary or other compensation of an employee; (4) a sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose; (5) an assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only; (6) an assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; (7) an assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; (8) a transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care- insurance receivable and any subsequent assignment of the right to payment, but Sections 55-9-315 and 55-9-322 NMSA 1978 apply with respect to proceeds and priorities in proceeds; (9) an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; (10) a right of recoupment or set-off, but: (A) Section 55-9-340 NMSA 1978 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and (B) Section 55-9-404 NMSA 1978 applies with respect to defenses or claims of an account debtor; (11) the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for: (A) liens on real property in Sections 55-9-203 and 55-9-308 NMSA 1978; (B) fixtures in Section 55-9-334 NMSA 1978; (C) fixture filings in Sections 55-9-501, 55-9-502, 55-9-512, 55-9-516 and 55- 9-519 NMSA 1978; and (D) security agreements covering personal and real property in Section 55-9- 604 NMSA 1978; (12) an assignment of a claim arising in tort, other than a commercial tort claim, but Sections 55-9-315 and 55-9-322 NMSA 1978 apply with respect to proceeds and priorities in proceeds; (13) an assignment of a deposit account in a consumer transaction, but Sections 55-9-315 and 55-9-322 NMSA 1978 apply with respect to proceeds and priorities in proceeds; or (14) a transfer by this state or a governmental unit of this state other than a security interest created pursuant to the Industrial Revenue Bond Act [Chapter 3, Article 32 NMSA 1978], County Industrial Revenue Bond Act [Chapter 4, Article 59 NMSA 1978], Redevelopment Bonding Law [3-60A-26 to 3-60A-46 NMSA 1978], Pollution Control Revenue Bond Act [3-59-1 to 3-59-14 NMSA 1978], County Pollution Control Revenue Bond Act [4-60-1 to 4-60-15 NMSA 1978] or Hospital Equipment Loan Act [Chapter 58, Article 23 NMSA 1978].

Legislative History

1978 Comp., § 55-9-109, enacted by Laws 2001, ch. 139, § 9; 2021, ch. 86, §