New Mexico Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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US-00792BG
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Description

Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

In New Mexico abandonment means the absence of the tenant from the premises, without notice to the landlord, for more than seven continuous days, and only after rent is delinquent. When abandonment is confirmed the rental agreement may be terminated, and the process of handling any personal property left behind begins.

Dormancy periods in New Mexico for common property types include: Wages or Payroll: One year. Checking Accounts: Five years. Money Orders: Seven years.

The New Mexico Uniform Unclaimed Property Act requires a holder of property that is presumed abandoned to send written notice to the owner at the last known address in 60 days or less, but not more than 120 days before filing the report.

The tenant is considered to have abandoned the dwelling unit if the tenant is absent from the dwelling, without notice to the owner, for over seven continuous days, if such absence occurs after rent for the unit is delinquent.

To successfully file an unclaimed property claim with us you must prove that you are the rightful owner of the property. The required proof varies ing to the property and the circumstances under which it was abandoned. The Unclaimed Property Office does not release property until it receives the required proof.

Abandoned property is defined as personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned; see adverse possession.

Abandonment of dependent consists of a person having the ability and means to provide for his spouse or minor child's support and abandoning or failing to provide for the support of such dependent. Whoever commits abandonment of dependent is guilty of a fourth degree felony.

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New Mexico Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment