(a) Except as otherwise provided in Subsection (b) of this section and in Section 55- 9-312 NMSA 1978, a financing statement must be filed to perfect all security interests and agricultural liens.

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Terms Used In New Mexico Statutes 55-9-310

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Statute: A law passed by a legislature.

(b) The filing of a financing statement is not necessary to perfect a security interest: (1)     that is perfected under Subsection (d), (e), (f) or (g) of Section 55-9-308 N.M. Stat. Ann.;

(2)     that is perfected under Section 55-9-309 N.M. Stat. Ann. when it attaches; (3)     in property subject to a statute, regulation or treaty described in Subsection (a) of Section 55-9-311 N.M. Stat. Ann.;

(4)     in goods in possession of a bailee that is perfected under Paragraph (1) or

(2) of Subsection (d) of Section 55-9-312 N.M. Stat. Ann.;

(5)     in certificated securities, documents, goods or instruments that is perfected without filing, control or possession under Subsection (e), (f) or (g) of section 55-9-312 N.M. Stat. Ann.;

(6)     in collateral in the secured party’s possession under Section 55-9-313 N.M. Stat. Ann.;

(7)     in a certificated security that is perfected by delivery of the security certificate to the secured party under Section 55-9-313 N.M. Stat. Ann.;

(8)     in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property or letter-of-credit rights that is perfected by control under Section 55-9-314 N.M. Stat. Ann.;

(9)     in proceeds that is perfected under Section 55-9-315 N.M. Stat. Ann.; or

(10)    that is perfected under Section 55-9-316 N.M. Stat. Ann..

(c) If a secured party assigns a perfected security interest or agricultural lien, a filing under N.M. Stat. Ann. Chapter 55, Article 9 is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.