N.M. Stat. » Chapter 48 — Liens and Mortgages
New Mexico Statutes

N.M. Stat. § 48-7-24 (2026)

Attorney fees

✓ current as of May 2026
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Attorney's fees shall be awarded to the prevailing party in any action brought under this act [48-7-15 to 48-7-24 NMSA 1978].

History: Laws 1983, ch. 314, § 10.

ANNOTATIONS

Where attorney fees not authorized. — Where plaintiff brought a claim against defendant bank for failure to record the satisfaction of a mortgage pursuant to 48-7-4 NMSA 1978, it was error for the district court to award attorney fees pursuant to 48-7-24 NMSA 1978, because this section only authorizes attorney fees for actions brought under 48-7-15 through 48-7-24 NMSA 1978, and there was no theory presented at trial that 48-7-15 through 48-7-24 NMSA 1978 were violated. Dollens v. Wells Fargo Bank, 2015-NMCA-096.

ARTICLE 8 Hospital Liens

Notes of Decisions
Cited in 3 cases, 2012–2020 · leading case: Dollens v. Wells Fargo Bank, 2015-NMCA-096, 356 P.3d 531.
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Dollens v. Wells Fargo Bank, 2015-NMCA-096, 356 P.3d 531. · cites it 19× “lectively, the 18 Estate) filed suit against Wells Fargo and Minnesota Life, alleging numerous 19 violations by Wells Fargo, including breach of contract, “breach of the covenant of 4 1 good faith and fair dealing and wrongful foreclosure,” violations of the Unfair 2 Practices…”
Dollens v. Wells Fargo Bank, 2021-NMCA-039, 495 P.3d 580. · cites it 2× “cited (in its initial letter decision) NMSA 1978, Section 48-7-24 (1983) as a basis for its fee award.”
Meltzer v. Kruskal, No. 30,326 (N.M. Ct. App. Feb. 29, 2012). · cites it 4× “9 As Kruskal correctly notes, the Meltzers argued in their summary judgment 10 motion that they were entitled to recover their attorney fees both pursuant to the 11 escrow agreement and under NMSA 1978, Section 48-7-24 (1983). Contrary to 12 Kruskal’s assertion, however, his…”
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