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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors.
(b) A transaction subject to Chapter 55, Article 9 NMSA 1978 is subject to any applicable rule of law which establishes a different rule for consumers, and to the provisions of the Oil and Gas Products Lien Act; Chapter 56, Article 1 NMSA 1978; the Artists' Consignment Act; the Pawnbrokers Act; the New Mexico Bank Installment Loan Act of 1959; the New Mexico Small Loan Act of 1955; the Motor Vehicle Sales Finance Act; and to rules adopted under those statutes.
(c) In case of conflict between Chapter 55, Article 9 NMSA 1978 and a rule of law, statute or rule described in Subsection (b) of this section, the rule of law, statute or rule controls. Failure to comply with a statute or rule described in Subsection (b) of this section has only the effect the statute or rule specifies.
(d) Chapter 55, Article 9 NMSA 1978 does not:
(1) validate any rate, charge, agreement or practice that violates a rule of law, statute or rule described in Subsection (b) of this section; or
(2) extend the application of the rule of law, statute or rule to a transaction not otherwise subject to it.
(e) The filing provisions set forth in the Farm Products Secured Interest Act and in the Public Utility Act are in addition to the filing provisions set forth in Chapter 55, Article 9 NMSA 1978. Failure to comply with the filing provisions in those acts has only the effect specified in those acts.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 55. Uniform Commercial Code § 55-9-201. General effectiveness of security agreement - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-55-uniform-commercial-code/nm-st-sect-55-9-201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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