reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 16 - Homeowner Association › Section 47-16-18 - Enforcement of covenants; dispute resolution.

A. Each association and each lot owner and the owner's tenants, guests and invitees shall comply with the Homeowners Association Act and the association's community documents.
B. Unless otherwise provided for in the community documents, the association may, after providing written notice and an opportunity to dispute an alleged violation other than failure to pay assessments:
(1) levy reasonable fines for violations of or failure to comply with any provision of the community documents; and
(2) suspend, for a reasonable period of time, the right of a lot owner or the lot owner's tenant, guest or invitee to use common areas and facilities of the association.
C. Prior to imposition of a fine or suspension, the board shall provide an opportunity to submit a written statement or for a hearing before the board or a committee appointed by the board by providing written notice to the person sought to be fined or suspended fourteen days prior to the hearing. Following the hearing or review of the written statement, if the board or committee, by a majority vote, does not approve a proposed fine or suspension, neither the fine nor the suspension may be imposed. Notice and a hearing are not required for violations that pose an imminent threat to public health or safety.
D. If a person against whom a violation has been alleged fails to request a hearing or submit a written statement as provided for in Subsection C of this section, the fine or suspension may be imposed, calculated from the date of violation.
E. A lot owner or the association may use a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues, for complaints between the lot owner and the association or if such services are required by the community documents.
History:
Laws 2019, ch. 30, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 30, § 11 made Laws 2019, ch. 30 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-1 - Federal lien; place of filing.

A. Notices of liens upon real property for taxes and other obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the county clerk of the county in which the real property subject to a federal lien is situated.
B. Notices of liens upon personal property for taxes and other obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the county clerk of the county where the property owner resides at the time of recording the notice of lien.
History:
1953 Comp., § 61-1-8, enacted by Laws 1967, ch. 253, § 1; 1988, ch. 44, § 1.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, deleted "tax" after "federal" in the section heading and in Subsection A; inserted "and other obligations" in Subsections A and B; and substituted "property owner" for "taxpayer" in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Federal Tax Enforcement §§ 6 to 24, 55.
Federal and state taxes, priority between, 62 A.L.R. 146.
Priority as between federal tax lien and mortgage to secure future advances or expenditures by mortgagee, 90 A.L.R.2d 1179.
Liens as competing with federal priorities as choate or inchoate, 94 A.L.R.2d 748.
Sufficiency of designation of taxpayer in recorded notice of federal tax lien, 3 A.L.R.3d 633.
Waiver of restrictions on assessment and collection of deficiency in federal tax, 115 A.L.R. Fed. 257.
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.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-2 - Execution of notices and certificates.

Certification, by the secretary of the treasury of the United States, his delegate or any official or entity of the United States responsible for filing or certification, of notices of liens, certificates, notices of compromise or notices affecting federal liens entitles them to be filed, and no other attestation, certification or acknowledgement is necessary.
History:
1953 Comp., § 61-1-9, enacted by Laws 1967, ch. 253, § 2; 1988, ch. 44, § 2.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, inserted "or any official or entity of the United States responsible for filing or certification"; substituted "federal liens" for "tax liens"; and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Federal Tax Enforcement §§ 5, 7 to 16.
Sufficiency of designation of taxpayer in a recorded notice of federal tax lien, 3 A.L.R.3d 633.
Sufficiency of notice of sale of property seized for failure to pay federal taxes under 26 U.S.C.S. § 6335, 26 A.L.R. Fed. 381.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-3 - Duties of filing officer.

A. If a notice of federal lien, notice of compromise or notice of revocation of any certificate described in Subsection B of this section is presented to the recording officer, he shall endorse the certificate with his identification and the date and time of receipt, and immediately file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the district director and the total amount of tax or other obligation, interest, penalties and costs.
B. If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the recording officer specified in Section 48-1-1 NMSA 1978, he shall record the certificate and shall enter the certificate or notice with the date of recording in any alphabetical federal lien index on the line where the notice of lien is entered.
C. Upon request of any person, the recording officer shall issue his certificate showing whether there is recorded, on the date and hour stated on it, any presently effective notice of federal lien or certificate or notice affecting the lien, recorded on or after July 1, 1988 naming a particular person, and if a notice or certificate is recorded, giving the date and hour of its recording. The fee for a certificate is two dollars ($2.00). Upon request, the recording officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for a fee of one dollar ($1.00) per page.
History:
1953 Comp., § 61-1-10, enacted by Laws 1967, ch. 253, § 3; 1988, ch. 44, § 3.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, in Subsection A, deleted "tax" preceding "lien" near the beginning, inserted "of this section", substituted "endorse the certificate with" for "endorse thereon" and "immediately" for "forthwith", and inserted "or other obligation"; in Subsection B, substituted "federal lien" for "tax lien" twice and "Section 48-1-1 NMSA 1978" for "Section 1"; and in Subsection C, deleted "tax" preceding "lien" three times, substituted "July 1, 1988" for "July 1, 1967" and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 22, § 1, repealed 48-1-4 NMSA 1978, relating to fees for recording and indexing documents affecting tax liens.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-5 - Uniformity of interpretation.

The Uniform Federal Lien Registration Act shall be so interpreted and construed as to effectuate its general purpose: to make uniform the law of those states which enact it.
History:
1953 Comp., § 61-1-12, enacted by Laws 1967, ch. 253, § 5; 1988, ch. 44, § 4.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, substituted "The Uniform Federal Lien Registration Act" for "This act".
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-6 - Short title.

Sections 48-1-1 through 48-1-7 NMSA 1978 may be cited as the "Uniform Federal Lien Registration Act".
History:
1953 Comp., § 61-1-13, enacted by Laws 1967, ch. 253, § 6; 1988, ch. 44, § 5.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, substituted "Sections 48-1-1 through 48-1-7 NMSA 1978" for "This Act" and deleted "Tax" following "Federal".
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1 - Uniform Federal Lien Registration Act › Section 48-1-7 - Federal liens and notices filed before the effective date of act.

Recording officers with whom notices of federal liens, certificates and notices affecting the liens have been recorded on or before July 1, 1988 shall, after that date, continue to maintain a file labeled "federal lien notices recorded prior to July 1, 1988" containing notices and certificates filed in numerical order of receipt.
History:
1953 Comp., § 61-1-14, enacted by Laws 1967, ch. 253, § 9; 1988, ch. 44, § 6.
ANNOTATIONS
The 1988 amendment,
effective May 18, 1988, substituted "federal liens" for "tax liens" in the catchline and twice in the Section, "July 1, 1988" for "July 1, 1967" twice, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-1 - Short title.

This act [48-1A-1 to 48-1A-9 NMSA 1978] may be cited as the "Lien Protection Efficiency Act".
History:
Laws 1999, ch. 144, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-2 - Findings; purpose.

A. The legislature finds:
(1) that there is a problem with the presentation for filing or recording of invalid instruments that purport to affect the real or personal property interests of persons, including elected or appointed officials and employees of state, local and federal government. These instruments, which have no basis in fact or law, have serious disruptive effects on property interests and title, appear on title searches and other disclosures based on public records and are costly and time-consuming to expunge. These instruments have serious disruptive effects on the conduct of government business and are costly and time-consuming to both government entities and individual officials and employees;
(2) that officials and employees authorized by law to accept for filing or recording liens, deeds, instruments, judgments or other documents purporting to establish nonconsensual common law liens do not have discretionary authority or mechanisms to prevent the filing, recording or disclosure of frivolous lien claims if the documents comply with certain minimum format requirements. It would be inefficient and would require substantial government expenditure to have the legal sufficiency of documents submitted for filing or recording determined in advance of acceptance; and
(3) that it is necessary and in the best interest of New Mexico and its citizens to provide a means to relieve this problem, to prevent the filing, recording or disclosure of frivolous lien claims and to authorize actions to void frivolous lien claims.
B. The purpose of the Lien Protection Efficiency Act is to provide for the efficient filing and recording of documents and the protection of public officials and employees and the citizens of the state against nonconsensual common law liens by imposing limitations on the circumstances in which nonconsensual common law liens may be recognized in the state.
History:
Laws 1999, ch. 144, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-3 - Definitions.

As used in the Lien Protection Efficiency Act:
A. "court" means:
(1) a court created by the constitution of the United States or pursuant to federal law, including the United States supreme court, the United States courts of appeals, the United States district or administrative courts or other federal courts of inferior jurisdiction, but does not include administrative adjudicative bodies;
(2) a court created by the constitution of New Mexico or pursuant to New Mexico law, including the supreme court, the court of appeals, district courts, magistrate courts, metropolitan courts and municipal courts, but does not include administrative adjudicative bodies; and
(3) a court comparable to any of those listed in Paragraph (2) of this subsection that is created by the constitution of another state or pursuant to the state law of another state;
B. "federal official or employee" means an appointed or elected official or an employee of a federal agency, board, commission or department in a branch of the federal government;
C. "filing officer" means the secretary of state; the clerk of a county or court; or a state, local or federal official or employee authorized by law to accept for filing as a public record a lien, deed, instrument, judgment or other document, whether paper, electronic or in another form;
D. "lien" means an encumbrance on property as security for the payment of a debt;
E. "nonconsensual common law lien" means a document, regardless of self-description, that purports to assert a lien against the assets, real or personal, of a person that:
(1) is not expressly provided for by a specific state or federal statute;
(2) does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; or
(3) is not an equitable or constructive lien imposed by a court of competent jurisdiction; and
F. "state or local official or employee" means an appointed or elected official or an employee of a state agency, board, commission, department in any branch of state government, or state institution of higher education, or a school district, political subdivision or unit of local government of this state.
History:
Laws 1999, ch. 144, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-4 - Construction.

A. The Lien Protection Efficiency Act shall not be construed to create a lien or interest in property not otherwise existing under state or federal law.
B. The Lien Protection Efficiency Act is not intended to affect a lien provided for by statute, a consensual lien now or hereafter recognized under common law of the state or the ability of the courts to impose equitable or constructive liens.
History:
Laws 1999, ch. 144, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-5 - Non-enforceability of nonconsensual common law liens.

Nonconsensual common law liens against real property shall not be recognized or be enforceable. Nonconsensual common law liens claimed against personal property shall not be recognized or be enforceable if, at the time the lien is claimed, the claimant fails to retain actual lawfully acquired possession or exclusive control of the property.
History:
Laws 1999, ch. 144, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-6 - Invalidity of claim of lien against a state or local official or employee or a federal official or employee; filing of notice of invalid lien.

A. A claim of lien against a state or local official or employee or a federal official or employee based on the performance or nonperformance of that official's or employee's duties shall be invalid, unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien, or unless a specific statute authorizes the filing of the lien.
B. If a claim of lien, as described in Subsection A of this section, has been accepted for filing, the filing officer shall accept for filing a notice of invalid lien signed and submitted by an assistant attorney general representing the state agency, board, commission or department of which the individual is an official or employee; an attorney representing the state institution of higher education, school district, political subdivision or unit of local government of this state of which the individual is an official or employee; or an assistant United States attorney representing the federal agency of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at that person's last known address.
History:
Laws 1999, ch. 144, § 6.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 1A - Lien Protection Efficiency › Section 48-1A-7 - No duty to accept or to disclose a nonconsensual common law lien; immunity from liability.

A. A filing officer does not have a duty to accept for filing or recording a claim of lien, unless the lien is authorized by statute or imposed by a court of competent jurisdiction having jurisdiction over property affected by the lien.
B. A filing officer does not have a duty to accept for filing or recording a claim of lien against a state or local official or employee or a federal official or employee based on the performance or nonperformance of that official's or employee's duties, unless accompanied by a specific order from a court of competent jurisdiction having jurisdiction over property affected by the lien, authorizing the filing of the lien.
C. A filing officer does not have a duty to disclose an instrument of record or filing that attempts to give notice of a nonconsensual common law lien. This subsection does not relieve a filing officer of a duty that otherwise may exist to disclose a claim of a lien authorized by statute or imposed by order of a court of competent jurisdiction having jurisdiction over property affected by the lien. The existence of a claim of a nonconsensual common law lien in the public record does not constitute a defect in the title of or an encumbrance on the real property described and does not affect the marketability of the title to the real property.
D. A filing officer shall not be liable for damages arising from a refusal to record or file or a failure to disclose any claim of a nonconsensual common law lien of record pursuant to this section.
E. A filing officer shall not be liable for damages arising from the acceptance for filing of a claim of lien as described in Subsection B of this section, or for the acceptance for filing of a notice of invalid lien pursuant to Subsection B of Section 6 [48-1A-6 NMSA 1978] of the Lien Protection Efficiency Act.
F. Except as otherwise provided by law, a filing officer shall not be required to defend decisions to accept or reject documents pursuant to Section 6 of the Lien Protection Efficiency Act.
History:
Laws 1999, ch. 144, § 7.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 2 - Mechanics' and Materialmen's Liens › Section 48-2-10.1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 2 - Mechanics' and Materialmen's Liens › Section 48-2-19 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
2023 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.
2023 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.
2023 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.