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Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit — New Mexico Law | CourtGPT
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New Mexico Legal Code

Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit

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Neither the issuance or levy of execution shall be a prerequisite to the bringing of such suit, nor shall any appraisal of the real estate be required. History: Laws 1933, ch. 7, § 2; 1941 Comp., § 21-115; 1953 Comp., § 24-1-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For appraisal of property to be sold under judicial sale, see 39-5-5 to 39-5-11 NMSA 1978. Rights of lien holder. — Holder of a judgment lien on real estate has two or more rights, i.e., the right to the lien, which is a sort of substantive or property right, and a right to the remedies to enforce the lien. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.