2006 New Mexico Statutes - Section 58-15-20 — Fees and costs; filing or recording fees; attorney fees; court costs; notary fees prohibited.

58-15-20. [Fees and costs; filing or recording fees; attorney fees; court costs; notary fees prohibited.]

A.     Filing or recording fees. Notwithstanding any provision of this act, lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for the filing, recording or releasing in any public office [of] any instrument securing the loan may be charged to the borrower.   

B.     Attorney fees. Notwithstanding any provision in any note or other loan contract taken or received under this act, attorney fees shall not be charged or collected except where such note or other contract has been turned in good faith to an attorney for collection, and after diligent effort to collect has failed on the part of the licensee.   

C.     Court costs. Where suit is filed in any court of competent jurisdiction, court costs shall be collectible in accordance with the laws of New Mexico applicable thereto.   

D.     Notary fees prohibited. Notary fees incident to the taking of any lien to secure a small loan or releasing such lien shall not be charged or collected by any licensee nor by any officer, agent or employee of a licensee nor by anyone within any office, room or place of business in which a small loan office is conducted.