reglab/housing_qa huggingface dataset:
NM Stat § 48-3-12 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-12 - [Assignability of liens.]

Liens provided under this act shall be assignable. History: Code 1915, § 3342, enacted by Laws 1917, ch. 65, § 1 (3342); 1923, ch. 24, § 1 (3342); C.S. 1929, § 82-410; 1941 Comp., § 63-310; 1953 Comp., § 61-3-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1917 law amended Code 1915, 3333 to 3345. That part of the Amendatory Act which bore the number 3342 contained entirely new matter. For the original Code 1915, 3342, see 48-3-15 NMSA 1978. The term "this act," referred to in this section, means Laws 1917, ch. 65, § 1, which appears as 48-3-1, 48-3-2, 48-3-4, 48-3-5, 48-3-7 to 48-3-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens §§ 30 to 32.
NM Stat § 48-3-14 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-14 - Advertisement and sale of property.

If default be made in the payment of the debt, after such notice, it shall be lawful for the lien claimant or creditor, as provided in this article (48-3-1 to 48-3-15 NMSA 1978), to advertise and sell such property at public auction to the highest bidder for cash after giving at least twenty days' notice of such sale by: A. at least six handbills posted up in public places in the county in which such sale is to be made; or B. by publishing once each week for two successive weeks in some newspaper of general circulation in the county; such notices of sale shall set forth the time and place of sale and a description of the property to be sold, and the amount of indebtedness claimed under such lien. History: Laws 1884, ch. 17, § 3; C.L. 1884, § 1544; C.L. 1897, § 2241; Code 1915, § 3341; Laws 1917, ch. 65, § 1 (3344); 1923, ch. 24, § 1 (3344); C.S. 1929, § 82-412; 1941 Comp., § 63-312; 1953 Comp., § 61-3-12; Laws 1955, ch. 67, § 2. ANNOTATIONSCompiler's notes. — The subject matter which was originally contained in Code 1915, 3341, was given number 3344 in the 1917 and 1923 amendatory laws. For original Code 1915, 3344, see 48-3-8 NMSA 1978. Cross references. — For publication in lieu of posting, see 14-11-3 NMSA 1978. For judicial sales of perishable property pursuant to this section, see 39-5-1.1 NMSA 1978. A landlord may not forcibly seize the property prior to compliance with this section. Ross v. Overton, 1924-NMSC-043, 29 N.M. 651, 226 P. 162. Foreclosure on conditional vendor's property not conversion. — A lessor who forecloses his landlord's lien and sells property for nonpayment of rent is not guilty of wrongfully converting that property where it appears that the property was being purchased by the lessee and the plaintiff under a conditional sales contract from a vendor who had guaranteed the rent. Hesselden v. Karman, 1960-NMSC-114, 67 N.M. 434, 356 P.2d 451. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens § 76. What constitutes public sale, 4 A.L.R.2d 575.
NM Stat § 48-3-15 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-15 - [Disposition of proceeds of sale; purchase by lien claimant.]

After sale made as provided in the preceding section [48-3-14 NMSA 1978], the proceeds of such sale shall be applied to the payment of the costs of advertising and making the sale and the satisfaction of the demand of the lien claimant, and the residue, if any, shall be refunded to the lien debtor; provided, that the lien claimant shall not be precluded from bidding on or purchasing the property at such sale. History: Laws 1884, ch. 17, § 4; C.L. 1884, § 1545; C.L. 1897, § 2242; Code 1915, § 3342; Laws 1917, ch. 65, § 1 (3345); 1923, ch. 24, § 1 (3345); C.S. 1929, § 82-413; 1941 Comp., § 63-313; 1953 Comp., § 61-3-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The subject matter which was originally contained in Code 1915, 3342, was given number 3345 in the 1917 and 1923 amendatory laws. For original Code 1915, 3345, see 48-3-8 NMSA 1978. Landlord's lien with priority over subsequent judgment lien. — Landlord's statutory lien attached at the beginning of the tenancy for rental due or to become due under the terms of lease and had priority over execution lien arising from judgment recovered against tenants during lease, even though execution issued and sheriff levied on tenant's property before suit. Gathman v. First Am. Indian Land, Inc., 1965-NMSC-003, 74 N.M. 729, 398 P.2d 57. Rights of innocent purchasers not considered. — No interest of third person as purchaser for value without notice has been considered by the legislature in setting up the procedure for the satisfaction of claims hereunder. Bell v. Dennis, 1939-NMSC-045, 43 N.M. 350, 93 P.2d 1003.
NM Stat § 48-3-16 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-16 - Liens of owners and operators of public accommodations.

A. The owner or operator of any hotel, motel, trailer court or campground shall have a lien upon the baggage, personal effects, trailer house, trailer, automobile, motor vehicle and other property placed in or upon the premises of the hotel, motel, trailer court or campground of the owner or operator for the payment of any services and accommodations offered by the owner or operator to the person for transient occupancy, including gas, water, electricity or other things furnished to the person or at the request of the person. B. For purposes of this section, "transient occupancy" means occupancy of the premises for which rent is paid on less than a weekly basis or by a person who has not manifested an intent to make the occupied premises a residence or to maintain a household on the premises. History: 1941 Comp., § 63-304a, enacted by Laws 1951, ch. 51, § 1; 1953 Comp., § 61-3-14; Laws 1995, ch. 195, § 26. ANNOTATIONSCross references. — For landlord lien under the Uniform Owner-Resident Act, see 47-8-36.1 NMSA 1978. The 1995 amendment, effective July 1, 1995, added the section heading; designated the existing language as Subsection A; in Subsection A, substituted "motel" for "rooming house, apartment house, rental dwellings, auto court" twice, deleted "rent" preceding "services", inserted "offered by the owner or operator to the person for transient occupancy", and made minor stylistic changes throughout the subsection; and added Subsection B. Person renting trailer space by the week is not a guest in the sense of those seeking transient accommodations of an innkeeper. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185. Legislative intention not to give liens priority. — Section 48-3-17 NMSA 1978 which provides that the lien created by 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by this section over other liens. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185. No precedence over prior recorded mortgage. — A statutory lien does not take precedence over a prior recorded chattel mortgage, unless expressly so provided by statute. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185. Law reviews. — For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Res. J. 331 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hotels, Motels and Restaurants §§ 187 to 196. Relation of innkeeper and guests as affected by payment for accommodation by week, month or the like, 12 A.L.R. 261, 145 A.L.R. 363. Conditional sale, innkeeper's lien, property sold to guest on, 45 A.L.R. 960. What constitutes a hotel or inn, 53 A.L.R. 988. Automobile as subject to innkeeper's lien, 56 A.L.R. 1102. 43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.
NM Stat § 48-3-17 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-17 - [Priority and enforcement of lien.]

The lien provided for under this act [48-3-16 to 48-3-18 NMSA 1978] is subject to such priorities of liens as are otherwise provided by law, and may be enforced in the same manner and through the same procedure as now provided by law for the enforcement of liens on personal property and as provided in Section 48-3-13 NMSA 1978. History: 1941 Comp., § 63-304b, enacted by Laws 1951, ch. 51, § 2; 1953 Comp., § 61-3-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Legislative intent not to give priority over other lien. — This section provides that the lien created by Section 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by 48-3-16 NMSA 1978 over other liens. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185. A statutory lien does not take precedence over a prior recorded chattel mortgage, unless expressly so provided by statute. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of mortgagee and/or lienor to compensation when property subject to mortgage and/or lien is taken by federal government forfeiture based on criminal acts of owner, 136 A.L.R. Fed. 593. 43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.
NM Stat § 48-3-18 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-18 - [Penalty for removal of property on which lien has attached.]

Any person removing or attempting to remove any property on which the owner or operator of any hotel, rooming house, apartment house, rental dwellings, auto court, trailer court or campground has a lien for any sum due such owner or operator for rent, services or accommodations as provided in this act [48-3-16 to 48-3-18 NMSA 1978], without the written consent of such owner or operator; shall be guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $50.00 or by imprisonment in the county jail for a period not to exceed 30 days or by both such fine and imprisonment. History: 1941 Comp., § 63-304c, enacted by Laws 1951, ch. 51, § 3; 1953 Comp., § 61-3-16.
NM Stat § 48-3-20 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-20 - [Rights of holder of lien for automobile service.]

The person entitled to a lien hereunder may retain such automobile in his possession until such lien is paid. Such lien may be enforced in the manner now or hereafter provided for the enforcement of mechanics' liens in this state; or in the manner now provided under Sections 48-3-13 and 48-3-14 NMSA 1978, or hereafter provided by any amendments thereof or any laws of New Mexico in substitution therefor. History: Laws 1937, ch. 150, § 2; 1941 Comp., § 63-315; 1953 Comp., § 61-3-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Bailee's lien for work on goods as extending to other goods of the bailor in his possession, 25 A.L.R.2d 1037. 61A C.J.S. Motor Vehicles §§ 743 to 759.
NM Stat § 48-3-21 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-21 - Definitions.

As used in Sections 48-3-1 through 48-3-20 NMSA 1978: A. "automobile" includes trucks, trailers and motor vehicles of all classes and kinds; and B. "motor vehicle" means every self-propelled device in, upon or by which, any person or property is, or may be, transported upon land, in water or in the air. History: Laws 1937, ch. 150, § 3; 1941 Comp., § 63-316; 1953 Comp., § 61-3-19; Laws 1965, ch. 140, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61A C.J.S. Motor Vehicles § 749.
NM Stat § 48-3-22 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-22 - Lien for work or services by retaining possession.

A. A person or firm, which, at the request of the owner or person lawfully in possession: (1) repairs, cleans, adjusts or otherwise services jewelry, timing apparatus, watches, clocks, radios, home appliances, electrical equipment, musical instruments; (2) repairs, cleans, adjusts or otherwise services sporting equipment including guns; or (3) enhances the value of personal property, shall, by retaining possession of the articles upon which the work or service was performed, have a lien for unpaid charges for the work or services. B. A person or firm, to qualify under the provisions of this act [48-3-22 to 48-3-27 NMSA 1978], must have posted a notice at each place of business at the time such work is authorized, which reads: "All articles left for (state the type of work or service provided) and not called for in 3 months will be sold for charges pursuant to Sections 48-3-22 through 48-3-27 NMSA 1978." C. The provisions of this act do not extend to a person or firm that performs any of the functions described in Subsection A of this section on a wholesale basis or as a subcontractor. History: 1941 Comp., § 63-317, enacted by Laws 1953, ch. 125, § 1; 1953 Comp., § 61-3-20; Laws 1971, ch. 157, § 1. ANNOTATIONSTime periods for notice, foreclosure proceedings mandatory. — Under former law, it was held that the notice provided for must use the period of three months as specifically provided in this section and that under Sections 48-3-25 and 48-3-26A NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure provided in Section 48-3-26 NMSA 1978 at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bailments §§ 281, 282; 51 Am. Jur. 2d Liens §§ 15, 34, 35. 8 C.J.S. Bailments §§ 80 to 85.
NM Stat § 48-3-23 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-23 - Possession; when lien shall not exist.

The possession required under this act [48-3-22 to 48-3-27 NMSA 1978] shall be physical custody. No lien shall exist where: A. the article has not been delivered to the physical custody of the person or firm claiming the lien; B. without fraud or false representation, the physical custody of the article has been surrendered by the person or firm performing the work or service; C. the person or firm performing the work or service has accepted collateral security for payment of the amount due. History: 1941 Comp., § 63-318, enacted by Laws 1953, ch. 125, § 2; 1953 Comp., § 61-3-21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Right to require security as condition of canceling lien of record or of recording payment, 2 A.L.R.2d 1064.
NM Stat § 48-3-24 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-24 - Lien not exclusive.

The lien provided for by this act [48-3-22 to 48-3-27 NMSA 1978] shall be a cumulative remedy and shall not be construed to limit the remedies otherwise provided by law to a creditor against his debtor. The lien provided for by this act and the method and procedure for enforcement thereof is in addition to and not a substitution for any other lien and procedure for enforcement otherwise provided by law. History: 1941 Comp., § 63-319, enacted by Laws 1953, ch. 125, § 3; 1953 Comp., § 61-3-22.
NM Stat § 48-3-25 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-25 - Enforcement of lien.

Three (3) months after the debt for which the lien is claimed becomes due, the lien claimant may enforce such lien by either a suit to foreclose the lien or by a sale as hereinafter provided. History: 1941 Comp., § 63-320, enacted by Laws 1953, ch. 125, § 4; 1953 Comp., § 61-3-23. ANNOTATIONSForeclosure or sale by lien claimant. — Under Sections 48-3-22 to 48-3-27 NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens §§ 63 to 76. Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6. 8 C.J.S. Bailments §§ 80 to 85.
NM Stat § 48-3-26 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-26 - Sale to enforce lien.

A. Six (6) months after the debt for which the lien is claimed becomes due, the lien claimant may serve written notice upon the person against whom the lien is sought to be enforced. Such notice shall itemize the amount of the indebtedness and demand payment thereof. Notice sent by registered mail to the address given at the time the work or service was authorized shall be sufficient notice under the provisions of this paragraph. If no address was given at time work or service was authorized, notice of sale shall be by one publication in a legal newspaper circulated in the community where the work was originally authorized, or by posting two (2) notices in the community, provided that one notice is posted at the place of business where the work or service was authorized, and the other notice is posted at the county courthouse, or village, town or city hall. This notice may include the sale of more than one lien debtor's property, provided the property of each debtor and the amount due for service thereon is listed in separate paragraphs. B. If payment is not made within ten (10) days after service of notice as provided in Paragraph A of this section, the lien claimant may sell such property at public sale, for cash, after the elapse of at least twenty (20) days following the giving of notice of sale. Notice of sale shall be given pursuant to the procedures for notices prescribed in Paragraph A above. Such notice shall state the time and place of sale, describe the property to be sold and state the amount of indebtedness claimed under the lien. C. Storage charges may be charged beginning thirty (30) days after articles are left for service. D. Costs of serving notice on person authorizing work and of advertising sale of unclaimed property shall become part of lien. E. Bailments having replacement value not exceeding five dollars ($5.00) may be given to charity, utilized by the servicing agency or sold for charges without compliance to the provisions of this section. F. The lien claimant may bid and may be a purchaser at such sale. History: 1941 Comp., § 63-321, enacted by Laws 1953, ch. 125, § 5; 1953 Comp., § 61-3-24. ANNOTATIONSForeclosure or sale by lien claimant. — Under Sections 48-3-22 to 48-3-27 NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 C.J.S. Bailments §§ 80 to 85.
NM Stat § 48-3-27 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-27 - Disposition of proceeds of sale.

The proceeds of such sale shall be applied first to the payment of costs in giving notice of sale and conducting the sale, and second to the indebtedness claimed under the lien. Any amount of the proceeds then remaining shall be paid to the lien debtor, after first deducting any other amounts due by lien debtor to lien claimant. If the whereabouts of the lien debtor are unknown and are not discovered within six (6) months from the date of the sale after reasonable search and inquiry, any remaining proceeds due such lien debtor shall be paid to the county treasurer for the benefit of the common school fund of the county. History: 1941 Comp., § 63-322, enacted by Laws 1953, ch. 125, § 6; 1953 Comp., § 61-3-25.
NM Stat § 48-4-1 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 4 - Abstracters' Liens|Section 48-4-1 - Lien on real estate.

Every bonded abstracter or abstract company, doing business in compliance with the provisions contained in Sections 51-1301 and 51-1302, 1941 Comp. Statutes, who shall hereafter compile and furnish any abstract or continuation of abstract, of title to any real estate at the request of the owner thereof, or his authorized agent, shall have a lien on said real estate for the amount due for compiling and furnishing such abstract of title and for all costs incurred in enforcing such lien, including cost of the preparation of claim of lien. History: 1941 Comp., § 51-1305, enacted by Laws 1949, ch. 15, § 1; 1953 Comp., § 61-4-1. ANNOTATIONSCompiler's notes. — Sections 51-1301 and 51-1302, 1941 Comp., cited in this section and compiled as 70-2-1 and 70-2-2 1953 Comp., were repealed by Laws 1963, ch. 307, § 10. For present provisions, see 47-4-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abstracts of Title § 6.
NM Stat § 48-4-2 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 4 - Abstracters' Liens|Section 48-4-2 - Time for filing claim; contents of claim.

Every abstracter claiming the benefit of this act [48-4-1 to 48-4-4 NMSA 1978] must, within ninety (90) days after the date of the certificate in the abstract for which lien is claimed, file for record with the county clerk of the county or counties in which the property, or any part thereof, covered by said abstract, is situated, a claim containing a statement of his demands, after deducting all just credits and offsets, the name of the owner, and also the name of the person by whom he was employed, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of claimant or of some other person. History: 1941 Comp., § 51-1306, enacted by Laws 1949, ch. 15, § 2; 1953 Comp., § 61-4-2.
NM Stat § 48-4-3 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 4 - Abstracters' Liens|Section 48-4-3 - Recording of liens; indexing; fees.

The county clerk must record the claim of lien in a book kept for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds. History: 1941 Comp., § 51-1307, enacted by Laws 1949, ch. 15, § 3; 1953 Comp., § 61-4-3.