A. If the board fails or refuses to foreclose and sell a tract or parcel of land for the delinquent assessment or installment of the assessment as required in Section 4-55A-22 NMSA 1978, any holder of a bond or assignable certificate secured by the assessment may foreclose the assessment lien on such delinquent property in the manner provided by law for the foreclosure of mortgages on real estate.

B. Any person holding two or more assignable certificates issued as authorized in Section 4-55A-20 NMSA 1978 may sue in the same action on all tracts or parcels of land described in the certificate to enforce the lien against the tract or parcel of land described in the certificate unless the assessment lien has been adjusted pursuant to Section 4-55A-19 NMSA 1978.

C. Whenever a governing body of a municipality, board of county commissioners or local board of education is delinquent in the payment of an assessment, the holder of any assignable certificate issued against the tract or parcel of land of the municipality, county or school district has the rights and remedies for the collection of the assessment as are given by law for the collection of judgments against municipalities, counties and school districts.

History: Laws 1980, ch. 91, § 21; 1991, ch. 199, § 44.

The 1991 amendment, effective April 4, 1991, substituted "Section 4-55A-22 NMSA 1978" for "Section 22 of the County Improvement District Act" and inserted "or assignable certificate" in Subsection A and, in Subsection B, substituted "Section 4-55A-20 NMSA 1978" for "Section 20 of the County Improvement District Act" near the beginning and added "unless the assessment lien has been adjusted pursuant to Section 4-55A-19 NMSA 1978" at the end.