All states · Filled 2026-09-17
New Mexico mortgage advertising rules
Adline flags phrases that match cited rules. It does not certify that New Mexico marketing is compliant. We flag and cite. We never certify. This is not legal advice. Whether a rule reaches you depends on your license type. Federal Reg Z and Reg N still apply.
Scanner status: Index only. The engine cites Washington, Arizona, and Idaho only. This page is an index of retrieved text. The engine does not emit a New Mexico citation.
Regulating agency
Financial Institutions Division of the Regulation and Licensing Department.
Financial Institutions Division of the Regulation and Licensing Department. Verified verbatim from the issuing-agency clause of the rule: "ISSUING AGENCY: Financial Institutions Division of the Regulation and Licensing Department." (12.19.2.1 NMAC).
NMLS and license display: Conjunctive and disjunctive elements.
Governing statute and administrative code
- STATUTE. Mortgage Loan Company Act, NMSA 1978 §§ 58-21-1 et seq. (governs mortgage loan companies/entities).
- STATUTE. New Mexico Mortgage Loan Originator Licensing Act, NMSA 1978 §§ 58-21B-1 et seq. (governs individual MLOs). *The full text of Article 21B was not independently retrieved. see gaps.*
- REGULATION. NMAC Title 12, Chapter 19 (Mortgage Lending). Only three parts exist: 12.19.1 (General Provisions), 12.19.2 (Mortgage Loan Originator Requirements), 12.19.8 (Mortgage Loan Company requirements). Parts 3 through 7 and 9+ return HTTP 404 on the official NMAC publisher (NM State Records Center & Archives). i.e., they are unoccupied, not merely unfindable.
Two regimes? Yes, but split by *person type*, not by product: entity licensing (Mortgage Loan Company Act / 12.19.8 NMAC) vs. individual originator licensing (Art. 21B / 12.19.2 NMAC). The advertising identifier rule sits in the entity part (12.19.8), not the MLO part. New Mexico also has a separate Small Loan Act regime (NMSA 58-15) for non-mortgage consumer lending, which is out of scope here and was not examined.
License and NMLS ID display
VerifiedREQUIRED. REGULATION. 12.19.8.8(B) NMAC:
"shall be clearly shown on all residential mortgage loan applications, solicitations, advertisements, including business cards and web sites"
The subject of that sentence is "The unique identifier number of any person originating a residential mortgage loan."
Conjunctive or disjunctive: This is the important distinction for New Mexico. The rule is conjunctive as to media (the identifier must appear on *all* of applications, solicitations, advertisements, business cards, and websites) but requires only ONE data element: the NMLS unique identifier number. New Mexico's rule does not by its terms require the company name, the state license number, or a link to NMLS Consumer Access in advertising.
Separately, 12.19.8.8(A)(2) requires that "a mortgage loan company shall obtain and maintain a unique identifier number issued by the nationwide mortgage licensing system and registry for each principal office, divisional office or branch office". relevant because branch-level advertising may need the branch's identifier.
Prohibited claims
Not yet verifiedNOT VERIFIED. Searched all three existing NMAC parts (12.19.1, 12.19.2, 12.19.8) for "advertis". only one occurrence exists in the entire chapter (12.19.8.8(B), quoted above), and zero occurrences in Parts 1 and 2. Also searched the NMSA Chapter 58 Article 21 section index; no section captioned for advertising or advertising-specific prohibited practices was found. No New Mexico-specific ban on "lowest," "best," "guaranteed," "pre-approved," "free," "government," or superlative/comparative claims was located. Treat New Mexico as governed by federal law (Reg Z, Reg N/MAP Rule 12 C.F.R. Part 1014, UDAP) plus the identifier rule, unless further primary research finds otherwise.
Rate advertising
Not yet verifiedNOT VERIFIED. No New Mexico-specific APR, rate-availability, rate-lock, or "rates subject to change" advertising requirement was found in NMAC 12.19.1, 12.19.2 or 12.19.8. Note 12.19.8.8(C)(1)(b)–(c) requires retention of "rate sheet(s)" used to set disclosed rates and the locked-in rate. a records requirement, not an advertising-content requirement.
Ad filing, prior approval, retention
Not yet verifiedNo prior approval or filing requirement found. Retention: NOT VERIFIED. The records list at 12.19.8.8(C) is detailed and enumerates loan files, rate sheets, disclosures, compensation evidence and books of account. but it does not list advertising samples. New Mexico appears to lack an express advertising-retention rule, in contrast to NY (2 years), NC (12 months) and PA's CDCA regime (6 months).
Social media and character-limited media
Not yet verifiedNOT VERIFIED as to social media specifically. "Web sites" is expressly named in 12.19.8.8(B). No New Mexico guidance addressing social media, texting, or abbreviated disclosures in character-limited media was located.
Anything unusual
- The NMAC chapter is unusually thin. A compliance officer expecting a full state advertising rule will not find one. New Mexico's entire codified mortgage advertising law is effectively one sentence.
- Placement of the rule is counterintuitive: the advertising identifier requirement lives in the *Mortgage Loan Company* part (12.19.8), not the *MLO* part (12.19.2), even though the rule text speaks to "any person originating a residential mortgage loan."
- Because the state rule is so thin, federal Reg N (MAP Rule) and UDAP exposure carry proportionally more weight in New Mexico than in, e.g., Ohio or Oregon.
Penalties
Not yet verifiedSTATUTE. NMSA 1978 § 58-21-22 (retrieved via Justia. SECONDARY, not independently confirmed against an official NM source): a person who violates §§ 58-21-18 through 58-21-21 "knowing the statement to be false or misleading in any respect, is guilty of a fourth degree felony." The page indicates civil and criminal penalties are in addition to common-law remedies. Specific civil money penalty amounts: NOT VERIFIED.
Sources
- https://www.srca.nm.gov/parts/title12/12.019.0008.htmlofficial 12.19.8 NMAC (official NMAC publisher, NM State Records Center & Archives):
- https://www.srca.nm.gov/parts/title12/12.019.0002.htmlofficial 12.19.2 NMAC:
- https://www.srca.nm.gov/parts/title12/12.019.0001.htmlofficial 12.19.1 NMAC:
- https://www.srca.nm.gov/nmac-titles/title-12-trade-commerce-and-banking/official NMAC Title 12 index:
- https://law.justia.com/codes/new-mexico/chapter-58/article-21/reproduction NMSA Ch. 58 Art. 21 index (SECONDARY, Justia):
- https://law.justia.com/codes/new-mexico/chapter-58/article-21/section-58-21-22/reproduction NMSA § 58-21-22 (SECONDARY, Justia):