reglab/housing_qa huggingface dataset:
NM Stat § 48-2A-3 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-3 - Definitions.

As used in the Stop Notice Act: A. "bond" means good and sufficient sureties executed by a corporate surety entity or cash collateral; B. "claimant" means any person entitled under the Stop Notice Act to give a stop notice for labor or materials furnished in connection with site improvement; C. "claim satisfied notice" means a notice from the subcontractor or the materialman to the construction lender, if any, and the owner that the claim stated in the stop notice has been satisfied; D. "completion of construction" means the earlier of the dates when any of the following occur: (1) issuance of a certificate of occupancy; (2) acceptance by construction lender of the final appraisal of value of the improvement on the residential site; or (3) approval of final inspection by the insuring abstract or title entity; E. "construction lender" means any financial institution lending funds for the purposes of contracting for construction or for materials to be incorporated for site improvements or any other person lending or holding funds to pay for construction costs or materials that were incorporated in site improvements; F. "labor" means the performance of work or furnishing of skills or other necessary services to a site improvement; G. "materialman" means any person who furnishes materials or supplies to a subcontractor or an original contractor, incorporated or to be incorporated into a site improvement; H. "original contractor" means any contractor who has an express contractual relationship with the owner or in the case when the owner is the contractor, the owner; I. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or political subdivision; J. "preliminary notice" means a notice which notifies the owner or the construction lender that the labor furnished or material incorporated or to be incorporated may be subject to a stop notice if the subcontractor or materialman is not paid timely; K. "residential site" means the real property upon which the construction labor is furnished or the materials were incorporated or are to be incorporated for the site improvement; L. "site improvement" means the construction on a residential site of no more than four dwelling units; M. "stop notice" means a written instrument, signed and verified by the claimant or his agent that provides the claimant with a procedure to make and enforce a claim against the construction lender, or owner if there is no construction lender; and N. "subcontractor" means any person performing labor upon or providing or hauling equipment, tools or machinery to the site. History: Laws 1989, ch. 301, § 3.
NM Stat § 48-2A-4 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-4 - Requirements for disclosure; owners and construction lenders.

A. In every instance where an original contractor proposes to contract with a subcontractor or materialman or both for any site improvement, the original contractor shall inform the subcontractor and materialman of: (1) the name and address of the owner of the residential site; (2) the name and address of the construction lender lending the funds, if any, and the loan officer who actually made the construction loan, if any, for the site improvement; and (3) the accurate legal description of the residential site, if available, however in all cases a description of the residential site sufficient for identification. B. Where a subcontractor contracts with another subcontractor for labor or a materialman to provide materials for any site improvement, he shall, upon request, inform the contractor or materialman of: (1) the name and address of the owner of the residential site; (2) the name and address of the construction lender lending the funds, if any, and the loan officer who actually made the construction loan, if any, for the site improvement; and (3) the accurate legal description of the residential site. History: Laws 1989, ch. 301, § 4.
NM Stat § 48-2A-5 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-5 - Stop notices; contents.

A stop notice shall not be effective unless: A. it is signed and verified by the claimant or his agent, accompanied with a bond as provided for in Section 7 [48-2A-7 NMSA 1978] of the Stop Notice Act, is served pursuant to Section 6 [48-2A-6 NMSA 1978] of the Stop Notice Act and states in general terms all of the following: (1) the name of the claimant; (2) the date the claimant files the preliminary notice; (3) the date the claimant presented his request for payment to the original contractors; (4) the name of the owner and original contractor of the residential site; (5) a description of the kind of labor or materials furnished, or agreed to be furnished, for the residential site; (6) the name of the person who ordered the labor or who accepted the materials; (7) the total cost of all the labor or materials to be furnished to the residential site; (8) the cost of the labor furnished or materials already furnished; (9) the balance of the money due; and (10) a demand that the construction lender, if any, or the owner, if there is no construction lender, withhold a sufficient amount of money from the construction loan funds to satisfy the demand of the claimant; B. a preliminary notice was given by the claimant, in accordance with Section 6 of the Stop Notice Act, within twenty days after the claimant first began to furnish work or materials to the residential site; C. if the claimant does not deliver the preliminary notice within twenty days after the claimant first began to furnish work or material to the site improvement, he may still deliver a preliminary notice but he shall lose his stop notice rights for all work performed or materials furnished more than twenty days before the preliminary notice actually is given; and D. it is delivered, pursuant to Section 6 of the Stop Notice Act, no earlier than twenty days or later than thirty days from the date the subcontractor or materialman presented his request for payment to the original contractor. History: Laws 1989, ch. 301, § 5.
NM Stat § 48-2A-6 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-6 - Notices.

A. Any preliminary notice given under the Stop Notice Act shall be effective notice if the preliminary notice is: (1) hand-delivered or mailed, return receipt requested, to the construction lender, if applicable for the purposes of the Stop Notice Act, or the manager or other responsible person at the address of the construction loan's origination or, if the address of origination has changed, then to the last known address of the construction lender; and (2) hand-delivered to the owner or mailed, return receipt requested, to the owner's last known residential or business address. B. The stop notice shall be effective notice if the stop notice was hand-delivered by a small package express carrier addressed to the manager of the real estate lending department of the construction lender if the construction lender is a financial institution. If the construction lender is not a financial institution, the stop notice shall be delivered to the manager or other responsible person at the address where the construction loan originated. History: Laws 1989, ch. 301, § 6.
NM Stat § 48-2A-7 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-7 - Stop notices; bonds.

A. A stop notice shall not be effective unless it is accompanied by a bond equal to one and one-quarter of the amount of the claim stated in the stop notice. The claimant shall be the principal on the bond, and the bond shall have good and sufficient sureties executed by a corporate surety entity. B. Requirements of posting bond set forth in this section shall be satisfied when the claimant posts cash collateral with the recipient of the stop notice, one and one-quarter times the amount of the payment or payments claimed. C. The bond shall protect the owner, the original contractor and the construction lender against any damages that may be incurred by them because of the delivery of the stop notice. History: Laws 1989, ch. 301, § 7.
NM Stat § 48-2A-8 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-8 - Distribution of construction funds; liability.

A. Upon receipt of a claim stated in a stop notice, the construction lender, if any, or the owner, if applicable, shall withhold an amount of construction funds equal to the amount claimed in the stop notice from the original contractor until the claim has been satisfied or adjudicated by a court of competent jurisdiction, unless the remaining construction funds are insufficient to completely satisfy the claim due to the prior disbursement or prior amounts being withheld due to previously received stop notices. In these instances, only the remaining unclaimed portion of the construction loan shall be withheld. B. All funds not disbursed or unclaimed by a stop notice may be disbursed by the construction lender to the original contractor without liability to the construction lender; provided, that if the construction lender disburses construction funds to the original contractor which are subject to an unsatisfied stop notice that is later adjudicated by a court of competent jurisdiction in favor of the claimant, the construction lender shall be liable for the amount of the claim stated in the stop notice. In any action adjudicating a claim stated in the stop notice or adjudicating a claim made pursuant to this section, the prevailing party may be awarded reasonable attorneys' fees. History: Laws 1989, ch. 301, § 8.
NM Stat § 48-2A-9 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-9 - Limitations for filing suit by claimant.

A. Suit for satisfaction of the stop notice shall be filed not earlier than thirty days after delivery of the stop notice and within sixty days after delivery of the stop notice, and written notice of such suit shall be mailed to the recipient of the stop notice within five days after the date the suit was filed. B. While the stop notice suit for satisfaction is being litigated, the claimant shall not file a lien for payment of money claimed by the stop notice. History: Laws 1989, ch. 301, § 9.
NM Stat § 48-2A-10 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-10 - Claim satisfied notice; procedure; contents; penalty.

A. A stop notice shall be discharged when: (1) the claim has been satisfied and the claimant has notified the construction lender, if any, and the owner, if applicable, that the claim has been satisfied pursuant to Subsection C of this section; or (2) time for filing pursuant to Subsection A of Section 9 [48-2A-9 NMSA 1978] of the Stop Notice Act has expired without suit being filed; or (3) the original contractor gives the construction lender, if any, or the owner, if applicable, a bond one and one-quarter times the amount of the claim stated in the stop notice. The original contractor shall be the principal on the bond, and the bond shall have good and sufficient sureties executed by a corporate surety company. The bond shall protect the subcontractor or the materialman against damages that may be incurred by them by reason of nonpayment of a claim as adjudicated by a court of competent jurisdiction. B. If a claim has been satisfied pursuant to this section then the claimant shall give notice of the satisfaction to the construction lender, if any, and the owner, if applicable. C. A claim satisfied notice shall not be effective unless it contains at least the same information as required in the stop notice including a statement signed by the claimant stating that the claim has been satisfied and the claimant agrees to discharge the stop notice. D. A claimant is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978 if he fails to deliver a claim satisfied notice to all persons who received a bonded stop notice, in accordance with this section, within ten days from the date the claim was satisfied. History: Laws 1989, ch. 301, § 10.
NM Stat § 48-2A-12 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 2A - Stop Notice Act|Section 48-2A-12 - Purchase closing; penalty.

A. The original contractor, upon accomplishing completion of construction and upon acceptance of final payment from the owner, his successor in interest or his agent, shall sign an affidavit that all invoices of charges and costs received by the original contractor and related to the residential site have been paid. In lieu of such an affidavit, at the time of accomplishing completion of construction and upon acceptance of final payment from the owner, his successor in interest or his agent, the original contractor shall sign an affidavit stating: (1) the names and addresses of persons to whom he has paid in full those invoices of charges and costs arising from furnishing labor or materials incorporated in the residential site; (2) the names and addresses of those subcontractors and materialmen who have presented to the contractor invoices of charges and costs of labor or materials incorporated or to be incorporated in the residential site which have not been paid, accompanied by a waiver of lien for the invoices properly signed by each subcontractor or materialman; and (3) the names and addresses of those subcontractors and materialmen who have presented the contractor invoices of charges and costs of labor or materials incorporated or to be incorporated in the site improvement and which have not been paid and which have not been accompanied by a waiver of lien. B. The approximate amount of money represented by the total unpaid invoices of charges and costs, and not accompanied by a signed waiver of lien, as provided in this section, may be withheld at the discretion of the owner, his successor in interest or his agent. This money shall be placed in an escrow account pending disbursement of the money upon the signed approval of the contractor. C. Any contractor who knowingly and intentionally signs an affidavit stating that all charges and costs arising from the furnishing of labor or materials for incorporation in the residential site have been paid when in fact all charges and costs have not been paid, or knowingly and intentionally fails to provide the names of persons who have presented invoices for costs and charges for labor or materials but who have not been paid for their labor or materials furnished as provided in this section, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1989, ch. 301, § 12.
NM Stat § 48-3-2 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-2 - [Labor liens on horse-drawn vehicles.]

Any person who shall perform any labor upon any wagon, buggy or other vehicle or furnish material for repairing the same shall have a lien upon such wagon, buggy or other vehicle for the amount due for such labor performed and materials furnished, and for all costs incurred in enforcing such a lien, and may detain such buggy, wagon or other vehicle in his possession until such sum is paid. History: Code 1915, § 3334, enacted by Laws 1917, ch. 65, § 1 (3334); 1923, ch. 24, § 1 (3334); C.S. 1929, § 82-402; 1941 Comp., § 63-302; 1953 Comp., § 61-3-2. 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 3334 contained entirely new matter. For the original Code 1915, 3334, see 48-3-5 NMSA 1978. 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. 8 C.J.S. Bailments §§ 80 to 85.
NM Stat § 48-3-3 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-3 - Penalty.

Any person removing or attempting to remove any property from the possession of a person that possesses a lien as provided in Sections 48-3-1 and 48-3-2 NMSA 1978, without the written consent of the possessor of the lien, is guilty of a misdemeanor and shall be punished by a fine of not more than fifty dollars ($50.00), or by imprisonment for not more than thirty days, or both. History: 1953 Comp., § 61-3-2.1, enacted by Laws 1965, ch. 215, § 1.
NM Stat § 48-3-4 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-4 - [Blacksmith's lien.]

Any person who shall shoe or cause to be shod by his employees any horse, mule, ox or other animal, shall have a lien upon such animal for the amount due or to become due for such labor or services, and for all costs incurred in enforcing such lien, and may detain such animal in his possession until such sum is paid. History: Code 1915, § 3335, enacted by Laws 1917, ch. 65, § 1 (3335); 1923, ch. 24, § 1 (3335); C.S. 1929, § 82-403; 1941 Comp., § 63-303; 1953 Comp., § 61-3-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1917 act amended Code 1915, 3333 to 3345. That part of the Amendatory Act which bore the number 3335 contained entirely new matter. For the original Code 1915, 3335, see 48-3-11 NMSA 1978. 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. 8 C.J.S. Bailments §§ 80 to 85.
NM Stat § 48-3-6 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-6 - Landlord's preference in bankruptcy or insolvency proceedings.

In all cases where a tenant becomes insolvent and any assignment for the benefit of creditors is executed, or a receiver is legally appointed, or bankruptcy or other insolvency proceedings are instituted, either by or against the tenant, covering property upon the demised premises which is liable to distress by the landlord for rent, the landlord shall be first entitled to receive, out of the proceeds of the sale of the property by the legal representative of the tenant, any sum due the landlord for rent of the premises at the time of the institution of the receivership, bankruptcy or insolvency proceedings, not exceeding six months' rent. If the proceeds of the sale by the legal representative of the tenant are insufficient to pay the landlord and the costs of the insolvency proceedings, the landlord shall be entitled to receive the proceeds of the sale after deducting an amount equal to such costs as the landlord would be liable to pay in case of a sale under distress. Nothing in this act [section] shall be construed to deprive any person of preference for wages now provided by law in any insolvency or receivership proceedings. History: 1953 Comp., § 61-3-4.1, enacted by Laws 1969, ch. 83, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens §§ 4, 58. 52 C.J.S. Landlord and Tenant § 631.
NM Stat § 48-3-8 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-8 - [Common carriers' liens.]

Common carriers shall have a lien on the things carried for the freight due, if payment of freight was to have been made on delivery of the things carried, and all persons carrying goods for another for hire or pay shall be deemed common carriers within the provisions of this article. History: Laws 1851-1852, p. 243; C.L. 1865, ch. 77(2d), §§ 16, 17; C.L. 1884, §§ 1547, 1548; C.L. 1897, §§ 2244, 2245; Code 1915, §§ 3344, 3345; Laws 1917, ch. 65, § 1 (3338); 1923, ch. 24, § 1 (3338); C.S. 1929, § 82-406; 1941 Comp., § 63-306; 1953 Comp., § 61-3-6. 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, 3344 and 3345, was combined and given number 3338 in the 1917 and 1923 amendatory laws. For the original Code 1915, 3338, see 48-3-10 NMSA 1978. Cross references. — For lien under bills of lading provisions of Uniform Commercial Code, see 55-7-307, 55-7-308 NMSA 1978. For railroads, lien on baggage and freight, see 63-3-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers §§ 497 to 506. Carrier's certificate of convenience and necessity, franchise or permit as subject to transfer or encumbrance, 15 A.L.R.2d 883. 13 C.J.S. Carriers §§ 484 to 486.
NM Stat § 48-3-11 (2021)
2021 New Mexico Statutes|Chapter 48 - Liens and Mortgages|Article 3 - Liens on Personal Property|Section 48-3-11 - [Acceptance of collateral security waives lien.]

No person shall be entitled to a lien under this article who has taken collateral security for the payment of the sum due him. History: Laws 1851-1852, p. 243; C.L. 1865, ch. 77(2d), § 5; C.L. 1884, § 1538; C.L. 1897, § 2235; Code 1915, § 3335; Laws 1917, ch. 65, § 1 (3341); 1923, ch. 24, § 1 (3341); C.S. 1929, § 82-409; 1941 Comp., § 63-309; 1953 Comp., § 61-3-9. 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, 3335, was given the number 3341 in the 1917 and 1923 amendatory laws. For the original Code 1915, 3341, see 48-3-14 NMSA 1978. Landlord's chattel mortgage deemed cumulative, not collateral security. — A landlord who takes a chattel mortgage on property of his lessee already covered by his statutory lien will be deemed to have taken cumulative and not collateral security. In re Frick Book & Stationery Store, 1933-NMSC-104, 38 N.M. 120, 28 P.2d 660; Woodcock v. Cochran, 1915-NMSC-063, 21 N.M. 76, 153 P. 273. Partial security credited toward lien. — Taking security for a portion of the material bill for plumbing did not invalidate the lien on the balance. The lien would be credited with the proceeds of the collateral. Hobbs v. Morrison Supply Co., 1937-NMSC-060, 41 N.M. 644, 73 P.2d 325. Effect of taking collateral security. — Under former law, which had identical wording, it was held that this section does not work a forfeiture ex vi termini of a landlord's statutory lien for rent where landlord has taken collateral security for the rent after it has accrued and expressly disavowed any intent to waive the lien. Woodcock v. Cochran, 1915-NMSC-063, 21 N.M. 76, 153 P. 273. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens § 40. Right to require security, as condition of canceling lien of record or of recording payment, 2 A.L.R.2d 1064. 53 C.J.S. Liens §§ 19 to 28.