2011 New Mexico Statutes
Chapter 47: Property Law
Article 1: Conveyances and General Provisions, 47-1-1 through 47-1-56
Section 47-1-40: Construction of "mortgage covenants".
47-1-40. [Construction of "mortgage covenants".]
In a mortgage or deed of trust by way of mortgage of real estate "mortgage covenants" shall have the full force and meaning and effect of the following words and shall be applied and construed accordingly: "the mortgagor for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and assigns that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the mortgagee and his heirs, successors and assigns forever against the lawful claims and demands of all persons."
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