The New Mexico Complex Deed of Trust and Security Agreement is a legal document that is commonly used in real estate transactions in the state of New Mexico. It serves as a means to secure a loan or mortgage by providing a lender with a lien on a property. This document is an essential part of the loan process because it allows the lender to claim the property in case the borrower defaults on the loan. There are several types of New Mexico Complex Deed of Trust and Security Agreements, each serving a different purpose. The most common types are: 1. Residential Complex Deed of Trust: This type of agreement is used when a borrower obtains a loan to purchase a residential property such as a house or a condominium. The deed of trust is recorded in the county where the property is located and gives the lender the right to foreclose on the property if the borrower fails to make the loan payments. 2. Commercial Complex Deed of Trust: This agreement is used in commercial real estate transactions, such as the purchase or refinancing of office buildings, retail spaces, or industrial properties. It functions similarly to a residential complex deed of trust but is tailored to meet the unique needs of commercial properties. 3. Construction Complex Deed of Trust: This type of deed of trust is used when a borrower obtains a loan to finance the construction of a property. The lender places a lien on the property, which becomes the security for the loan during the construction process. Once the construction is completed and the borrower meets certain conditions, the construction loan may be converted into a traditional mortgage. 4. Subordinate Complex Deed of Trust: This agreement is used when there is already an existing deed of trust on a property, but the borrower needs additional financing. The new lender will require a subordinate complex deed of trust, which means their lien is subordinate to the existing lender's lien. In case of a default, the existing lender has priority in recovering their loan before the subordinate lender. It is important to note that New Mexico complex deed of trust and security agreements are legally binding contracts that typically involve multiple parties, including the borrower, lender, and trustee. The trustee holds the legal title to the property on behalf of the lender and is responsible for initiating foreclosure proceedings if necessary. When drafting or reviewing a complex deed of trust and security agreement in New Mexico, it is advisable to consult with a knowledgeable real estate attorney to ensure compliance with state laws and to protect the interests of all parties involved.