The governing law
New Mexico is a tax deed state, and the sale is run by the state rather than by counties. County treasurers bill and collect, but once real property taxes have been delinquent for more than two years the treasurer lists the parcel on the county's tax delinquency list by July 1 and transfers the account to the Taxation and Revenue Department, which then holds exclusive authority to collect it. The department's Property Tax Division may sell the property once three years have passed from the first delinquency date on that list, and must offer it within four. It sells at an oral public auction held in the county where the land lies, either itself or through an auctioneer it hires, to the highest bidder at or above a minimum price that can never be less than the delinquent taxes, penalties, interest and costs. Payment in full is due before the auction closes. No tax lien certificate is ever sold to an investor, there is no right of redemption after the sale, and the deed conveys the former owner's interest subject to perfected interests that existed before the January 1 tax lien date. The former owner has two years from the sale to challenge the conveyance in court.
NMSA 1978, Chapter 7, Article 38 (7-38-60 through 7-38-74)
Read the statuteProperty Tax Code: delinquency, transfer to the department and sale of real property
NMSA 1978, 7-38-38
Read the statutePayment of property taxes; installment due dates
NMSA 1978, 7-38-46
Read the statuteDelinquent property taxes
NMSA 1978, 7-38-48
Read the statuteProperty taxes are a lien against real property from January 1
NMSA 1978, 7-38-49 and 7-38-50
Read the statuteInterest and civil penalties on delinquent taxes
NMSA 1978, 7-38-61 and 7-38-62
Read the statuteTax delinquency list and the department's exclusive collection authority
NMSA 1978, 7-38-65
Read the statuteCollection of delinquent taxes on real property; sale of real property
NMSA 1978, 7-38-66
Read the statuteSale of real property for delinquent taxes; notice of sale
NMSA 1978, 7-38-67
Read the statuteReal property sale requirements
NMSA 1978, 7-38-67.1
Read the statuteSale of abandoned real property
NMSA 1978, 7-38-68
Read the statuteInstallment agreements
NMSA 1978, 7-38-70
Read the statuteIssuance of deeds; effect of deeds; two-year limit on challenges
NMSA 1978, 7-38-71
Read the statuteDistribution of amounts received from sale of property
NMSA 1978, 7-38-74
Read the statuteProperty tax officers and employees barred from buying
Want the mechanics in plain English instead of statute numbers? See how to buy in New Mexico, the redemption period, and the full New Mexico walkthrough.
Statute citations verified Sep 25, 2026. Statutes are amended; always confirm the current text at the official link before you rely on it.
Tax Sale Atlas publishes educational information about public tax sale processes. This is not legal, financial, or investment advice. Rules, dates, and fees change; confirm with the county office before you bid.