Statutes > New Mexico Statutes > Chapter 42 - Actions and Proceedings Relating to Property. > Article 7 - Specific Performance, 42-7-1 through 42-7-4. > Section 42-7-3 - Affidavit for service by publication.

Section 42-7-3 - Affidavit for service by publication.

42-7-3. [Affidavit for service by publication.]

Before service can be made by publication an affidavit must be filed in the action showing the cause to be one for the specific performance of a contract for the sale of real estate, and that the defendant to be served with process is a nonresident of the state, and it being shown to the satisfaction of the court that the defendant is in fact a nonresident, the court shall order service by publication.