Judgment For Possession {4-926}

CIVIL FORM 4-926 Supreme Court Approved November 17, 1998 1 4-926 2 3 [Sections 47-10-9, 47-8-40 and 47-8-41 NMSA 1978] 4 5 STATE OF NEW MEXICO 6 __________________ COURT No. _________. 7 __________________ COUNTY 8 9 10 _________________________________, Plaintiff 11 12 v. 13 14 _________________________________, Defendant 15 16 JUDGMENT FOR POSSESSION 117 (Mobile Home Park Act) 18 19 This matter came on for trial on _______________, _____ 20 (date) . The plaintiff appeared (in person) (and) (by 21 attorney ____________). The defendant (did not appear) 22 (appeared) (in person) (and) (by attorney ____________). 23 Having heard the evidence and argument presented, the court 24 finds in favor of: 25 26 [ ] the plaintiff 27 [ ] the defendant. 28 29 The court further finds that the mobile home: 30 31 [ ] is subject to the security interest of a first 2 32 lienholder . 33 [ ] is not subject to the security interest of a first 34 lienholder. 35 36 IT IS THEREFORE ORDERED: 37 38 1. The premises located in ____________________ County, 39 New Mexico at: 40 _______________________ (name of mobile home park)41 _______________________ (mobile home address) 42 _______________________ (mobile home lot or space)43 ________________________, New Mexico _________ 44 be restored to plaintiff; 45 46 2. The rental agreement is terminated; 47 48 3. (complete applicable) 49 Plaintiff shall recover from defendant the following 50 amounts: 51 Rents $_____________ 52 Damages $_____________ <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM 4-926 Supreme Court Approved November 17, 1998 1 Attorney fees $_____________ 2 Costs $_____________ 3 TOTAL $_____________ 4 5 [A hearing on the issue of damages will be held by this 6 court on ___________________, ______ at _____ (a.m.) 3 7 (p.m.)] 8 9 4. A writ of restitution be issued effective 10 _________________, ______ (date). 11 12 (The following paragraph is used 13 if there is a security interest of 14 a first lienholder on the mobile home) 15 16 [5. The plaintiff will promptly serve notice of this 17 judgment on the first lienholder in accordance with civil 18 form 4-928. The cost of removal by the first lienholder 4 19 shall be paid by the first lienholder.] 20 21 [6. If this case is appealed the (plaintiff) (defendant) 522 shall ___________________________________.] 23 24 25 Dated: _________________ ______________________________26 Judge 27 28 USE NOTE 29 30 1. Section 47-10-9 NMSA 1978 provides that 31 not less than 48 hours after entry of a 32 notice of judgment (Civil Form 4-926) 33 and upon execution of a writ of 34 restitution (Civil Form 4-929) the 35 sheriff will oversee the removal of a 36 mobile home. 37 38 2. Section 47-10-9 NMSA 1978 provides that 39 prior to issuance of the writ of 40 restitution the court shall make a 41 finding of fact that the mobile home is 42 or is not subject to the security 43 interest of a first lienholder. In 44 those cases where the court finds there 45 is a security agreement on the mobile 46 home, the landlord must give written 47 notice to the first lienholder. See 48 Civil Form 4-928 for notice to 49 lienholder of mobile home judgment. 50 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM 4-926 Supreme Court Approved November 17, 1998 1 3. Use Civil Form 4-701 if damages are 2 determined at a separate hearing. 3 4 4. Use this paragraph only if the court 5 finds that the mobile home is subject to 6 a first lien. Notice shall be 7 substantially in the form approved by 8 the Supreme Court. See Civil Form 9 4-928. 10 11 5. Section 47-8-47 NMSA 1978 of the 12 Owner-Resident Relations Act provides 13 for a stay of execution upon appeal. If 14 the defendant appeals a writ of 15 restitution, the court shall require an 16 escrow to be paid into the court within 17 five (5) days after the notice of appeal 18 is filed to stay the execution. If a 19 money judgment is appealed the court may 20 require a deposit with the court or a 21 supersedeas bond be filed. See Section 22 47-8-47 NMSA 1978 for appeals by the 23 plaintiff. 24 25 [Former Rule 4-921 SCRA 1986; adopted effective November 1, 26 1995; recompiled as Rule 4-926 NMRA and amended effective 27 September 2, 1997; as amended January 1, 1999.] 28 3