Statutes > New Mexico Statutes > Chapter 48 - Liens and Mortgages. > Article 7 - Mortgages, 48-7-1 through 48-7-24. > Section 48-7-5 - Failure to release; penalty; civil liability.

Section 48-7-5 - Failure to release; penalty; civil liability.

48-7-5. [Failure to release; penalty; civil liability.]

Any person who shall be guilty of violating the preceding section [48-7-4 NMSA 1978], upon conviction before any justice of the peace [magistrate] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [($10.00)] nor more than twenty-five dollars [($25.00)], and shall be liable in a civil action to the owner of such real estate for all costs of clearing the title to said property including a reasonable attorney's fee.