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Opinion No. 42-4131

August 7, 1942

BY: EDWARD P. CHASE, Attorney General

TO: Mr. C. R. Sebastian State Comptroller Santa Fe, New Mexico

{*226} This is to acknowledge receipt of your letter of August 6, 1942, in which you raise a question as to the authority of the County Assessor or Treasurer to distrain personal property for the enforcement of collection of delinquent taxes thereon when a third party has a mortgage on that personal property.

Section 141-431, New Mexico Statutes Annotated, 1929 Compilation provides for distraint and sale of personal property for delinquent taxes and sets up the procedure to be followed:

Section 141-440, New Mexico Statutes Annotated, 1929 Compilation provides:

"All personal property shall be subject to distraint and sale for the taxes thereon against the rights of any mortgage, assignee or person other than a bona fide purchaser."

In view of the foregoing, it is my opinion that the right of a County Assessor or Treasurer to distrain and sell personal property for delinquent taxes thereon is superior to the rights of any mortgagee, assignee, or person other than a bona fide purchaser, regardless of the time when the mortgage or assignment was given or recorded.

Trusting the above will be of some assistance to you, I remain

By WILLIAM R. FEDERICI,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.