2020 New Mexico Statutes
Chapter 59A - Insurance Code
Article 12 - Insurance Producers
Section 59A-12-13 - Special requirements, title insurance producers.

A. The superintendent shall not issue or permit to continue an insurance producer license for title insurance except for an applicant or a licensee who, in addition to other applicable qualifications and requirements, owns, operates or controls an abstract plant consisting of a set of records in which an entry has been made of all documents or matters that under law impart constructive notice of matters affecting title to real property or any interest therein or encumbrance thereon, which have been filed or recorded in the county for which such title plant is maintained for a period of not less than twenty years immediately prior to date of application for license. Such records shall consist of:

(1) an index or indices in which notations of or references to any documents that describe property affected thereby are posted, entered or otherwise included, according to the property described therein, or copies or briefs of all documents that describe the property affected thereby that are sorted and filed according to such property; and

(2) an index or indices in which all other such documents are posted, entered or otherwise included, according to the name or names of the parties whose title to real property or any interest therein or encumbrances thereon is affected.

B. A license to issue title insurance shall permit the licensee to issue policies only on property located in the county or counties for which the licensee has the necessary abstract plant.

History: Laws 1984, ch. 127, § 214; 2016, ch. 89, § 32.

The 2016 amendment, effective July 1, 2017, removed the exemption from the requirement of having a twenty-year abstract plant, and replaced "agent" with "insurance producer"; in the catchline, after "title insurance", deleted "agents" and added "producers"; in Subsection A, in the introductory paragraph, after "issue or permit to", deleted "remain in force an agent" and added "continue an insurance producer", after "license", deleted "as to" and added "for", after "insurance except", deleted "as to" and added "for", after "an applicant", added "or a licensee", after "all documents or matters", deleted "which" and added "that", and after "not less than twenty", deleted "(20)", in Paragraph (1), after "references to any", deleted "such", after "briefs of all", deleted "such", and after "affected thereby", deleted "which" and added "that"; deleted Subsection B and redesignated former Subsection C as new Subsection B; and in Subsection B, after "A license", deleted "as agent".

Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.