reglab/housing_qa huggingface dataset:
NM Stat § 48-1A-8 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 1A - Lien Protection Efficiency|Section 48-1A-8 - Action to void lien; order to show cause; service of process.

A. A person whose real or personal property is subject to a recorded claim of a nonconsensual common law lien and who believes the claim of lien is invalid may petition the district court of the county in which the claim of lien has been recorded for an order, which may be granted ex parte, directing the lien claimant to appear before the district court, at a time no earlier than six days nor later than twenty-one days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be stricken and other relief provided for by Section 9 [48-1A-9 NMSA 1978] of the Lien Protection Efficiency Act should not be granted. The petition shall state the grounds upon which relief is requested and shall be supported by the affidavit of the petitioner or petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based. B. An order rendered pursuant to the petition and directing the lien claimant to appear shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of the lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by the petitioner or any other party to the proceeding, including reasonable attorney fees, and damages as set forth in Section 9 of the Lien Protection Efficiency Act. C. The petition and order shall be served upon the lien claimant by personal service, or, when the district court determines that service by mail is likely to give actual notice, the district court may order that service be made by a person over eighteen years of age who is competent to be a witness, other than a party, by mailing copies of the petition and order to the lien claimant's last known address or any other address determined by the district court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first-class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes shall bear the return address of the sender. History: Laws 1999, ch. 144, § 8. ANNOTATIONSEffective dates. — Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
NM Stat § 48-1A-9 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 1A - Lien Protection Efficiency|Section 48-1A-9 - Orders; liability for costs and attorney fees; damages.

A. If, in proceedings pursuant to Section 8 [48-1A-8 NMSA 1978] of the Lien Protection Efficiency Act, the lien claimant fails to appear at the time and place noted or if the lien claimant appears and the district court determines that the claim of lien is invalid, the district court shall issue an order declaring the lien void ab initio, releasing the lien, refunding any court docketing or filing fee to the petitioner and awarding other costs and reasonable attorney fees and damages as set forth in this section to the petitioner or any other party to the proceeding, to be paid by the lien claimant. B. If the district court determines that the claim of lien is valid, the district court shall issue an order so stating and may award costs and reasonable attorney fees to the lien claimant to be paid by the petitioner. C. A person who offers to have filed and recorded in the office of a filing officer a document purporting to create a nonconsensual common law lien against real or personal property, knowing or having reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid, shall be liable to the owner of the property affected for actual damages or five thousand dollars ($5,000), whichever is greater, plus costs and reasonable attorney fees as provided in this section. D. A grantee or other person purportedly benefited by a filed or recorded document that creates a nonconsensual common law lien against real or personal property, knowing or having reason to know that the filed or recorded document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid, who willfully refuses to release the filed or recorded document upon request of the owner of the property affected, shall be liable to the owner for actual damages or five thousand dollars ($5,000), whichever is greater, plus costs and reasonable attorney fees as provided in this section. E. A certified copy of an order rendered pursuant to this section shall be filed by the clerk of the district court in the office of the appropriate filing officer. History: Laws 1999, ch. 144, § 9. ANNOTATIONSEffective dates. — Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999. Severability. — Laws 1999, ch. 144, § 10 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 48-2-3 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-3 - [Improvement of city or town lot or street; lien on lot.]

Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in or otherwise improves the same, or the street in front of, or adjoining the same, has a lien upon such lot for his work done and materials furnished. History: Laws 1880, ch. 16, § 3; C.L. 1884, § 1521; C.L. 1897, § 2218; Code 1915, § 3320; C.S. 1929, § 82-203; 1941 Comp., § 63-203; 1953 Comp., § 61-2-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Employee's purchases considered as made at owner's request. — Where a person is employed by the owner of a lot to construct a sidewalk in front, and he purchases materials therefor, such purchase will be considered as made at the request of the owner, and entitles the materialman to a lien. Houston-Hart Lumber Co. v. Neal, 1911-NMSC-024, 16 N.M. 197, 113 P. 621. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 112, 114, 253. Grading, clearing, filling, excavating and the like, 39 A.L.R.2d 866. Municipal property as subject to mechanic's lien, 51 A.L.R.3d 657. 56 C.J.S. Mechanics' Liens §§ 27 to 29.
NM Stat § 48-2-7 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-7 - [Claims against two or more buildings or improvements; statement of amount due; loss of preference.]

In every case in which one claim is filed against two or more buildings, mining claims or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mining claims or other improvements, otherwise the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated as against other creditors having liens, by judgment, mortgage or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are situated. History: Laws 1880, ch. 16, § 7; C.L. 1884, § 1525; C.L. 1897, § 2222; Code 1915, § 3324; C.S. 1929, § 82-207; 1941 Comp., § 63-207; 1953 Comp., § 61-2-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Lien postponed, not voided. — Failure to segregate amounts due on each of the buildings does not render lien void, but does postpone such unsegregated liens to other liens. Post v. Fleming, 1900-NMSC-033, 10 N.M. 476, 62 P. 1087. Claims against two or more buildings. — Omission of the amount claimed to be due on each of two buildings does not affect the validity of the lien, but simply affects its priority. Allsop Lumber Co. v. Cont'l Cas. Co., 1963-NMSC-182, 73 N.M. 64, 385 P.2d 625. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 170, 209, 242, 243, 249, 415 et seq., 430 et seq. Mechanic's lien for work on or material for separate buildings of one owner, 15 A.L.R.3d 73. Enforceability of single mechanic's lien upon several parcels against less than the entire property liened, 68 A.L.R.3d 1300. 56 C.J.S. Mechanics' Liens §§ 136, 137, 148 to 152, 161, 162, 185 to 188, 193, 194, 196, 216.
NM Stat § 48-2-8 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-8 - Recording of liens; indexing; fees.

The county clerk shall make a record of a claim that shall be indexed as deeds and other conveyances are required by law to be indexed and for which the county clerk may receive the same fees as are allowed by law for recording deeds and other instruments. Any claim, the form of which complies with the requirements of Chapter 48, Article 2 NMSA 1978, shall be entitled to be filed of record. History: Laws 1880, ch. 16, § 8; C.L. 1884, § 1526; C.L. 1897, § 2223; Code 1915, § 3325; C.S. 1929, § 82-208; 1941 Comp., § 63-208; 1953 Comp., § 61-2-8; 1981, ch. 351, § 1; 2011, ch. 134, § 19. ANNOTATIONSCross references. — For fees of recorder, see 14-8-12 NMSA 1978. The 2011 amendment, effective July 1, 2011, eliminated the provision that provided that claims need not comply with Section 14-8-4 NMSA 1978. Law reviews. — For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 130 et seq., 151, 175, 191 et seq., 274, 275, 276. Amendment of statement of claim of mechanic's lien as to designation of owner of property, 81 A.L.R.2d 681. 56 C.J.S. Mechanics' Liens §§ 133 to 195, 390, 435.
NM Stat § 48-2-9 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-9 - Petition to cancel lien; security.

A. The owner of any building, mining claim, improvement or structure subject to a lien under Sections 48-2-1 through 48-2-17 NMSA 1978 or an original contractor having a contract with that owner may petition the district court for the county in which the property or a part of it is located for an order canceling the lien. B. Upon the filing of the petition, the district court judge shall examine the lien claimant's recorded demands and determine an amount sufficient to satisfy the recorded demands and any other damages, court costs or attorney fees that may be recovered by the lien claimant. Security, in the amount set by the judge and of a type approved by the judge, shall be deposited by the owner of the property or original contractor with the district court conditioned on the payment of any sum found to be validly due to the lien claimant. An owner or original contractor may not provide a single security for the cancellation of the lien of more than one claimant. C. When the security is deposited under this section, the judge of the district court shall immediately issue an order canceling the lien and shall notify the county clerk with whom the lien was filed. Upon the recording of the order, the county clerk shall mark the filed lien as canceled. When an order is issued under this subsection, the claimant's lien attaches to the security and is enforceable as to the security in the district court in which it is deposited to the same extent as any other lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978. History: 1953 Comp., § 61-2-8.1, enacted by Laws 1975, ch. 68, § 1; 2007, ch. 212, § 2. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, provided that the owner of property subject to a lien under 48-2-1 through 48-2-17 NMSA 1978 or an original contractor having a contract with the owner may petition the district court for an order to cancel the lien; that an owner or original contractor may not provide a single security for the cancellation of a lien of more than one claimant; and that when a claimant's lien attaches to security, it is enforceable as provided in 48-2-1 through 48-2-17 NMSA 1978.
NM Stat § 48-2-10.1 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-10.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 301, § 13 repealed 48-2-10.1 NMSA 1978, as enacted by Laws 1981, ch. 352, § 1, relating to discharge of liens, effective June 16, 1989. For present comparable provisions, see 48-2A-11 NMSA 1978.
NM Stat § 48-2-13 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-13 - [Rank of liens; order of payment.]

In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien, or class of liens, which shall be in the following order, viz: A. all persons other than the original contractors and subcontractor; B. the subcontractors; C. the original contractors. And the proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank, and whenever, on the sale of the property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency in like manner, and with like effect as in actions for the foreclosure of mortgages. History: Laws 1880, ch. 16, § 13; C.L. 1884, § 1531; C.L. 1897, § 2228; Code 1915, § 3329; C.S. 1929, § 82-212; 1941 Comp., § 63-212; 1953 Comp., § 61-2-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For foreclosure of mortgages, see 39-4-1 NMSA 1978 et seq. Priority in time gives priority in right between lien holders of the same class. Kemp Lumber Co. v. Howard, 237 F. 574 (8th Cir. 1916). Payment to real property lienors of same priority. — Once the priority between lienors of real property is determined according to Section 48-2-5 NMSA 1978, this section determines the rank of lienors of the same priority; when payment from the proceeds of foreclosed real property is distributed to lienors of the same rank, it must be done pro rata, and without regard to the time in which liens of the same rank vested. Valley Fed. Sav. & Loan Ass'n v. T-Bird Home Ctrs., Inc., 1987-NMSC-067, 106 N.M. 223, 741 P.2d 826. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 265 et seq., 325, 415 et seq., 428 et seq. 56 C.J.S. Mechanics' Liens §§ 220 to 245.
NM Stat § 48-2-15 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-15 - [Materials exempt from attachment or execution for purchaser's debts.]

Whenever materials shall have been furnished for use in the construction, alteration or repair of any building or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase-money thereof, so long as in good faith the same are about to be applied to the construction, alteration or repair of such building, mining claim or other improvement. History: Laws 1880, ch. 16, § 15; C.L. 1884, § 1533; C.L. 1897, § 2230; Code 1915, § 3331; C.S. 1929, § 82-214; 1941 Comp., § 63-214; 1953 Comp., § 61-2-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For personal property, exemptions from execution and attachment, see 42-10-1 NMSA 1978. For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
NM Stat § 48-2-16 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-16 - [Personal action for recovery of debt not affected.]

Nothing contained in this article shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover such debt against the person liable therefor. History: Laws 1880, ch. 16, § 16; C.L. 1884, § 1534; C.L. 1897, § 2231; Code 1915, § 3332; C.S. 1929, § 82-215; 1941 Comp., § 63-215; 1953 Comp., § 61-2-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Personal liability of owner to subcontractor. — When there is no contractual relation between subcontractors and the owner of the property, the latter will not be held personally liable to them for work and materials, the contractor having agreed to make payment. Allison v. Schuler, 1934-NMSC-072, 38 N.M. 506, 36 P.2d 519. Where there is no contractual relation between owner and lienors, a personal judgment for the amount of the debt is unwarranted. Home Plumbing & Contracting Co. v. Pruitt, 1962-NMSC-075, 70 N.M. 182, 372 P.2d 378. Claim in quantum meruit permitted. — A subcontractor who has lost his mechanic's lien claim against a property owner may have a claim in quantum meruit where the owner has not paid the general contractor. U.S. ex rel. Sunworks Div. of Sun Collector Corp. v. Ins. Co. of N. Am., 695 F.2d 455 (10th Cir. 1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 338, 339, 340, 447. 56 C.J.S. Mechanics' Liens §§ 307 to 311.
NM Stat § 48-2-17 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-17 - Contractors; workmen's compensation insurance premiums; rights against performance bond.

Unpaid premiums or charges for the furnishing of workmen's compensation insurance furnished to any contractor or subcontractor, who is required by the terms of his contract or by law to obtain and carry such insurance, shall be and is hereby defined to be material furnished to the contractor or subcontractor for use in the performance of the contract, and the person, firm or corporation so furnishing the same shall have the same rights and remedies against any performance bond given in connection with such contract as if the workmen's compensation insurance so furnished were physical property, and as though a lien had been filed against the improved premises, but shall have no lien against the improved premises. History: 1953 Comp., § 61-2-17, enacted by Laws 1967, ch. 127, § 1. ANNOTATIONSThe remedy provided under this section is treated as a lien right. State ex rel. Mountain States Mut. Cas. Co. v. KNC, Inc., 1987-NMSC-063, 106 N.M. 140, 740 P.2d 690. The phrase "in connection with such contract" refers to the general construction contract and does not require that the bond be executed in connection with the insured's subcontract. State ex rel. Mountain States Mut. Cas. Co. v. KNC, Inc., 1987-NMSC-063, 106 N.M. 140, 740 P.2d 690. Notice requirement governed by this act, not Little Miller Act. — Notice requirement for a workers' compensation insurer's claim of a lien right against a performance bond, given in connection with a state construction project, was governed by the Mechanics' Lien Act, Section 48-2-1 et seq. NMSA 1978, and not by the Little Miller Act, Sections 13-4-18 to 13-4-20 NMSA 1978.State ex rel. Mountain States Mut. Cas. Co. v. KNC, Inc., 1987-NMSC-063, 106 N.M. 140, 740 P.2d 690. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens § 314. 56 C.J.S. Mechanics' Liens §§ 290 to 306.
NM Stat § 48-2-19 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2 - Mechanics' and Materialmen's Liens|Section 48-2-19 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 352, § 2, repealed 48-2-18 and 48-2-19 NMSA 1978, relating to the notice required to be given the owner of residential property and the failure to discharge a valid lien. For present provisions, see 48-2-10.1 NMSA 1978.
NM Stat § 48-2A-1 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-1 - Short title.

This act [48-2A-1 to 48-2A-12 NMSA 1978] may be cited as the "Stop Notice Act". History: Laws 1989, ch. 301, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of statutes requiring construction fundholder to withhold payments upon "stop notice" from subcontractor, materialman, or other person entitled to funds, 4 A.L.R.5th 772.
NM Stat § 48-2A-2 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-2 - Purpose.

The legislature finds there are practices within the industry of constructing residential properties containing not more than four dwelling units resulting in certain financial inequities and, therefore, declares that the purpose of the Stop Notice Act is to: provide for timely payment by an original contractor to persons contracted with to furnish labor or materials incorporated or to be incorporated in residential construction; define stop notices and their legal usage; encourage construction lenders to assert reasonable supervision, monitoring and control of funds disbursed to the original contractor for the timely payment of labor or materials; restrain and bar diversion of funds for purposes not directly involved with construction of the residential site improvement; and provide for criminal penalties. History: Laws 1989, ch. 301, § 2.