New Mexico Secured Promissory Note Overview
A secured promissory note in New Mexico is a loan agreement where the borrower pledges specific collateral to guarantee repayment. New Mexico law governs the creation, perfection, and enforcement of security interests under the Uniform Commercial Code (UCC) as adopted by the state. The maximum interest rate for most loans in New Mexico is 15%.
15% per annum maximum for most loans; higher rates permitted for licensed small loan companies; no cap for real estate loans by licensed lenders. Lenders should verify that the agreed-upon interest rate complies with New Mexico's usury laws before finalizing the note. Charging interest above the legal limit can result in severe penalties, including forfeiture of interest and potential civil liability.
For secured notes involving real property in New Mexico, judicial foreclosure applies. Understanding your state's foreclosure process is critical because it determines the timeline, costs, and lender's rights in the event of borrower default.
15%
Usury rate cap
Secretary of State
UCC filing office
Judicial
Foreclosure type
Yes
Deficiency judgment
New Mexico Legal Requirements
New Mexico has specific requirements for secured promissory notes. Here's what you need to ensure your note is enforceable under NM law:
Important: New Mexico Usury Laws
New Mexico's maximum interest rate is 15%. 15% per annum maximum for most loans; higher rates permitted for licensed small loan companies; no cap for real estate loans by licensed lenders. Exceeding the legal limit may void the interest portion of your note or result in civil penalties.
Essential Elements
- Written Agreement: The note must be in writing, signed by the borrower, and clearly state the loan terms
- Compliant Interest Rate: Must not exceed New Mexico's 15% usury cap
- Collateral Description: Specific, identifiable description of all pledged property
- Security Agreement: Grant of security interest signed by the borrower (debtor)
- UCC-1 Filing: Filed with the Secretary of State, UCC Division for personal property collateral
- Default Provisions: Clear events of default, cure periods, and remedies including foreclosure/repossession rights
UCC Filing in New Mexico
To perfect a security interest in personal property in New Mexico, the lender must file a UCC-1 financing statement with the Secretary of State, UCC Division. This public filing puts other creditors on notice and establishes the lender's priority in the collateral.
Prepare the UCC-1 Form
Include the debtor's exact legal name, secured party name, and detailed collateral description
File with the Secretary of State
Submit online or by mail with the required filing fee
Monitor and Renew
UCC-1 filings last 5 years; file a continuation statement before expiration
Terminate After Payoff
File a UCC-3 termination statement when the loan is fully repaid
New Mexico Foreclosure & Repossession
New Mexico uses judicial foreclosure for real property collateral. For personal property (vehicles, equipment, inventory), the lender generally has the right to repossess the collateral without court action, provided it can be done without breaching the peace.
Regarding deficiency judgments in New Mexico: Yes. The lender must follow New Mexico's specific procedures for disposing of collateral in a commercially reasonable manner, providing proper notice to the borrower before any sale.
| Aspect | New Mexico Rule |
|---|---|
| Foreclosure Type | Judicial |
| Deficiency Judgment | Yes |
| Statute of Limitations | 4 years (oral), 6 years (written contracts) |
| Usury Rate | 15% |
| UCC Filing Office | Secretary of State, UCC Division |
Sample New Mexico Secured Promissory Note
Below is a preview of our New Mexico-specific secured promissory note. Your customized document will include all terms compliant with NM law.
STATE OF NEW MEXICO
SECURED PROMISSORY NOTE
Collateral-Backed Loan Agreement
LENDER (Secured Party):
Name: [Lender Name]
Address: [New Mexico Address]
BORROWER (Debtor):
Name: [Borrower Name]
Address: [New Mexico Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 15% in NM)
Collateral: [Description]
New Mexico Secured Promissory Note FAQ
Answers to common questions about secured promissory notes, UCC filings, and collateral requirements in New Mexico.
Official New Mexico Resources
Use these official resources to verify New Mexico requirements, file UCC documents, and access state legal information.
Other New Mexico Promissory Note Types
Need a different type of promissory note for New Mexico? We offer state-specific templates for every type.
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