reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-12 - [Assignability of liens.]

Liens provided under this act shall be assignable.
History:
Code 1915, § 3342, enacted by Laws 1917, ch. 65, § 1 (3342); 1923, ch. 24, § 1 (3342); C.S. 1929, § 82-410; 1941 Comp., § 63-310; 1953 Comp., § 61-3-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1917 law amended Code 1915, 3333 to 3345. That part of the Amendatory Act which bore the number 3342 contained entirely new matter. For the original Code 1915, 3342,
see
48-3-15 NMSA 1978.
The term "this act," referred to in this section, means Laws 1917, ch. 65, § 1, which appears as 48-3-1, 48-3-2, 48-3-4, 48-3-5, 48-3-7 to 48-3-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Liens §§ 30 to 32.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-14 - Advertisement and sale of property.

If default be made in the payment of the debt, after such notice, it shall be lawful for the lien claimant or creditor, as provided in this article (48-3-1 to 48-3-15 NMSA 1978), to advertise and sell such property at public auction to the highest bidder for cash after giving at least twenty days' notice of such sale by:
A. at least six handbills posted up in public places in the county in which such sale is to be made; or
B. by publishing once each week for two successive weeks in some newspaper of general circulation in the county; such notices of sale shall set forth the time and place of sale and a description of the property to be sold, and the amount of indebtedness claimed under such lien.
History:
Laws 1884, ch. 17, § 3; C.L. 1884, § 1544; C.L. 1897, § 2241; Code 1915, § 3341; Laws 1917, ch. 65, § 1 (3344); 1923, ch. 24, § 1 (3344); C.S. 1929, § 82-412; 1941 Comp., § 63-312; 1953 Comp., § 61-3-12; Laws 1955, ch. 67, § 2.
ANNOTATIONS
Compiler's notes.
— The subject matter which was originally contained in Code 1915, 3341, was given number 3344 in the 1917 and 1923 amendatory laws. For original Code 1915, 3344,
see
48-3-8 NMSA 1978.
Cross references.
— For publication in lieu of posting,
see
14-11-3 NMSA 1978.
For judicial sales of perishable property pursuant to this section,
see
39-5-1.1 NMSA 1978.
A landlord may not forcibly seize the property prior to compliance with this section.
Ross v. Overton
, 1924-NMSC-043, 29 N.M. 651, 226 P. 162.
Foreclosure on conditional vendor's property not conversion.
— A lessor who forecloses his landlord's lien and sells property for nonpayment of rent is not guilty of wrongfully converting that property where it appears that the property was being purchased by the lessee and the plaintiff under a conditional sales contract from a vendor who had guaranteed the rent.
Hesselden v. Karman
, 1960-NMSC-114, 67 N.M. 434, 356 P.2d 451.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Liens § 76.
What constitutes public sale, 4 A.L.R.2d 575.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-15 - [Disposition of proceeds of sale; purchase by lien claimant.]

After sale made as provided in the preceding section [48-3-14 NMSA 1978], the proceeds of such sale shall be applied to the payment of the costs of advertising and making the sale and the satisfaction of the demand of the lien claimant, and the residue, if any, shall be refunded to the lien debtor; provided, that the lien claimant shall not be precluded from bidding on or purchasing the property at such sale.
History:
Laws 1884, ch. 17, § 4; C.L. 1884, § 1545; C.L. 1897, § 2242; Code 1915, § 3342; Laws 1917, ch. 65, § 1 (3345); 1923, ch. 24, § 1 (3345); C.S. 1929, § 82-413; 1941 Comp., § 63-313; 1953 Comp., § 61-3-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The subject matter which was originally contained in Code 1915, 3342, was given number 3345 in the 1917 and 1923 amendatory laws. For original Code 1915, 3345,
see
48-3-8 NMSA 1978.
Landlord's lien with priority over subsequent judgment lien.
— Landlord's statutory lien attached at the beginning of the tenancy for rental due or to become due under the terms of lease and had priority over execution lien arising from judgment recovered against tenants during lease, even though execution issued and sheriff levied on tenant's property before suit.
Gathman v. First Am. Indian Land, Inc.
, 1965-NMSC-003, 74 N.M. 729, 398 P.2d 57.
Rights of innocent purchasers not considered.
— No interest of third person as purchaser for value without notice has been considered by the legislature in setting up the procedure for the satisfaction of claims hereunder.
Bell v. Dennis
, 1939-NMSC-045, 43 N.M. 350, 93 P.2d 1003.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-16 - Liens of owners and operators of public accommodations.

A. The owner or operator of any hotel, motel, trailer court or campground shall have a lien upon the baggage, personal effects, trailer house, trailer, automobile, motor vehicle and other property placed in or upon the premises of the hotel, motel, trailer court or campground of the owner or operator for the payment of any services and accommodations offered by the owner or operator to the person for transient occupancy, including gas, water, electricity or other things furnished to the person or at the request of the person.
B. For purposes of this section, "transient occupancy" means occupancy of the premises for which rent is paid on less than a weekly basis or by a person who has not manifested an intent to make the occupied premises a residence or to maintain a household on the premises.
History:
1941 Comp., § 63-304a, enacted by Laws 1951, ch. 51, § 1; 1953 Comp., § 61-3-14; Laws 1995, ch. 195, § 26.
ANNOTATIONS
Cross references.
— For landlord lien under the Uniform Owner-Resident Act,
see
47-8-36.1 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, added the section heading; designated the existing language as Subsection A; in Subsection A, substituted "motel" for "rooming house, apartment house, rental dwellings, auto court" twice, deleted "rent" preceding "services", inserted "offered by the owner or operator to the person for transient occupancy", and made minor stylistic changes throughout the subsection; and added Subsection B.
Person renting trailer space by the week is not a guest
in the sense of those seeking transient accommodations of an innkeeper.
Diamond Trailer Sales Co. v. Munoz
, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
Legislative intention not to give liens priority.
— Section 48-3-17 NMSA 1978 which provides that the lien created by 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by this section over other liens.
Diamond Trailer Sales Co. v. Munoz
, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
No precedence over prior recorded mortgage.
— A statutory lien does not take precedence over a prior recorded chattel mortgage, unless expressly so provided by statute.
Diamond Trailer Sales Co. v. Munoz
, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
Law reviews.
— For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Res. J. 331 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Hotels, Motels and Restaurants §§ 187 to 196.
Relation of innkeeper and guests as affected by payment for accommodation by week, month or the like, 12 A.L.R. 261, 145 A.L.R. 363.
Conditional sale, innkeeper's lien, property sold to guest on, 45 A.L.R. 960.
What constitutes a hotel or inn, 53 A.L.R. 988.
Automobile as subject to innkeeper's lien, 56 A.L.R. 1102.
43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-17 - [Priority and enforcement of lien.]

The lien provided for under this act [48-3-16 to 48-3-18 NMSA 1978] is subject to such priorities of liens as are otherwise provided by law, and may be enforced in the same manner and through the same procedure as now provided by law for the enforcement of liens on personal property and as provided in Section 48-3-13 NMSA 1978.
History:
1941 Comp., § 63-304b, enacted by Laws 1951, ch. 51, § 2; 1953 Comp., § 61-3-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Legislative intent not to give priority over other lien.
— This section provides that the lien created by Section 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by 48-3-16 NMSA 1978 over other liens.
Diamond Trailer Sales Co. v. Munoz
, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
A statutory lien does not take precedence over a prior recorded chattel mortgage,
unless expressly so provided by statute.
Diamond Trailer Sales Co. v. Munoz
, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of mortgagee and/or lienor to compensation when property subject to mortgage and/or lien is taken by federal government forfeiture based on criminal acts of owner, 136 A.L.R. Fed. 593.
43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-18 - [Penalty for removal of property on which lien has attached.]

Any person removing or attempting to remove any property on which the owner or operator of any hotel, rooming house, apartment house, rental dwellings, auto court, trailer court or campground has a lien for any sum due such owner or operator for rent, services or accommodations as provided in this act [48-3-16 to 48-3-18 NMSA 1978], without the written consent of such owner or operator; shall be guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $50.00 or by imprisonment in the county jail for a period not to exceed 30 days or by both such fine and imprisonment.
History:
1941 Comp., § 63-304c, enacted by Laws 1951, ch. 51, § 3; 1953 Comp., § 61-3-16.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-20 - [Rights of holder of lien for automobile service.]

The person entitled to a lien hereunder may retain such automobile in his possession until such lien is paid. Such lien may be enforced in the manner now or hereafter provided for the enforcement of mechanics' liens in this state; or in the manner now provided under Sections 48-3-13 and 48-3-14 NMSA 1978, or hereafter provided by any amendments thereof or any laws of New Mexico in substitution therefor.
History:
Laws 1937, ch. 150, § 2; 1941 Comp., § 63-315; 1953 Comp., § 61-3-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Bailee's lien for work on goods as extending to other goods of the bailor in his possession, 25 A.L.R.2d 1037.
61A C.J.S. Motor Vehicles §§ 743 to 759.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-21 - Definitions.

As used in Sections 48-3-1 through 48-3-20 NMSA 1978:
A. "automobile" includes trucks, trailers and motor vehicles of all classes and kinds; and
B. "motor vehicle" means every self-propelled device in, upon or by which, any person or property is, or may be, transported upon land, in water or in the air.
History:
Laws 1937, ch. 150, § 3; 1941 Comp., § 63-316; 1953 Comp., § 61-3-19; Laws 1965, ch. 140, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61A C.J.S. Motor Vehicles § 749.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-22 - Lien for work or services by retaining possession.

A. A person or firm, which, at the request of the owner or person lawfully in possession:
(1) repairs, cleans, adjusts or otherwise services jewelry, timing apparatus, watches, clocks, radios, home appliances, electrical equipment, musical instruments;
(2) repairs, cleans, adjusts or otherwise services sporting equipment including guns; or
(3) enhances the value of personal property, shall, by retaining possession of the articles upon which the work or service was performed, have a lien for unpaid charges for the work or services.
B. A person or firm, to qualify under the provisions of this act [48-3-22 to 48-3-27 NMSA 1978], must have posted a notice at each place of business at the time such work is authorized, which reads:
"All articles left for (state the type of work or service provided) and not called for in 3 months will be sold for charges pursuant to Sections 48-3-22 through 48-3-27 NMSA 1978."
C. The provisions of this act do not extend to a person or firm that performs any of the functions described in Subsection A of this section on a wholesale basis or as a subcontractor.
History:
1941 Comp., § 63-317, enacted by Laws 1953, ch. 125, § 1; 1953 Comp., § 61-3-20; Laws 1971, ch. 157, § 1.
ANNOTATIONS
Time periods for notice, foreclosure proceedings mandatory.
— Under former law, it was held that the notice provided for must use the period of three months as specifically provided in this section and that under Sections 48-3-25 and 48-3-26A NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure provided in Section 48-3-26 NMSA 1978 at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bailments §§ 281, 282; 51 Am. Jur. 2d Liens §§ 15, 34, 35.
8 C.J.S. Bailments §§ 80 to 85.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-23 - Possession; when lien shall not exist.

The possession required under this act [48-3-22 to 48-3-27 NMSA 1978] shall be physical custody. No lien shall exist where:
A. the article has not been delivered to the physical custody of the person or firm claiming the lien;
B. without fraud or false representation, the physical custody of the article has been surrendered by the person or firm performing the work or service;
C. the person or firm performing the work or service has accepted collateral security for payment of the amount due.
History:
1941 Comp., § 63-318, enacted by Laws 1953, ch. 125, § 2; 1953 Comp., § 61-3-21.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right to require security as condition of canceling lien of record or of recording payment, 2 A.L.R.2d 1064.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-24 - Lien not exclusive.

The lien provided for by this act [48-3-22 to 48-3-27 NMSA 1978] shall be a cumulative remedy and shall not be construed to limit the remedies otherwise provided by law to a creditor against his debtor. The lien provided for by this act and the method and procedure for enforcement thereof is in addition to and not a substitution for any other lien and procedure for enforcement otherwise provided by law.
History:
1941 Comp., § 63-319, enacted by Laws 1953, ch. 125, § 3; 1953 Comp., § 61-3-22.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-25 - Enforcement of lien.

Three (3) months after the debt for which the lien is claimed becomes due, the lien claimant may enforce such lien by either a suit to foreclose the lien or by a sale as hereinafter provided.
History:
1941 Comp., § 63-320, enacted by Laws 1953, ch. 125, § 4; 1953 Comp., § 61-3-23.
ANNOTATIONS
Foreclosure or sale by lien claimant.
— Under Sections 48-3-22 to 48-3-27 NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Liens §§ 63 to 76.
Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6.
8 C.J.S. Bailments §§ 80 to 85.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-26 - Sale to enforce lien.

A. Six (6) months after the debt for which the lien is claimed becomes due, the lien claimant may serve written notice upon the person against whom the lien is sought to be enforced. Such notice shall itemize the amount of the indebtedness and demand payment thereof. Notice sent by registered mail to the address given at the time the work or service was authorized shall be sufficient notice under the provisions of this paragraph. If no address was given at time work or service was authorized, notice of sale shall be by one publication in a legal newspaper circulated in the community where the work was originally authorized, or by posting two (2) notices in the community, provided that one notice is posted at the place of business where the work or service was authorized, and the other notice is posted at the county courthouse, or village, town or city hall. This notice may include the sale of more than one lien debtor's property, provided the property of each debtor and the amount due for service thereon is listed in separate paragraphs.
B. If payment is not made within ten (10) days after service of notice as provided in Paragraph A of this section, the lien claimant may sell such property at public sale, for cash, after the elapse of at least twenty (20) days following the giving of notice of sale. Notice of sale shall be given pursuant to the procedures for notices prescribed in Paragraph A above. Such notice shall state the time and place of sale, describe the property to be sold and state the amount of indebtedness claimed under the lien.
C. Storage charges may be charged beginning thirty (30) days after articles are left for service.
D. Costs of serving notice on person authorizing work and of advertising sale of unclaimed property shall become part of lien.
E. Bailments having replacement value not exceeding five dollars ($5.00) may be given to charity, utilized by the servicing agency or sold for charges without compliance to the provisions of this section.
F. The lien claimant may bid and may be a purchaser at such sale.
History:
1941 Comp., § 63-321, enacted by Laws 1953, ch. 125, § 5; 1953 Comp., § 61-3-24.
ANNOTATIONS
Foreclosure or sale by lien claimant.
— Under Sections 48-3-22 to 48-3-27 NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 C.J.S. Bailments §§ 80 to 85.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 3 - Liens on Personal Property › Section 48-3-27 - Disposition of proceeds of sale.

The proceeds of such sale shall be applied first to the payment of costs in giving notice of sale and conducting the sale, and second to the indebtedness claimed under the lien.
Any amount of the proceeds then remaining shall be paid to the lien debtor, after first deducting any other amounts due by lien debtor to lien claimant. If the whereabouts of the lien debtor are unknown and are not discovered within six (6) months from the date of the sale after reasonable search and inquiry, any remaining proceeds due such lien debtor shall be paid to the county treasurer for the benefit of the common school fund of the county.
History:
1941 Comp., § 63-322, enacted by Laws 1953, ch. 125, § 6; 1953 Comp., § 61-3-25.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 4 - Abstracters' Liens › Section 48-4-1 - Lien on real estate.

Every bonded abstracter or abstract company, doing business in compliance with the provisions contained in Sections 51-1301 and 51-1302, 1941 Comp. Statutes, who shall hereafter compile and furnish any abstract or continuation of abstract, of title to any real estate at the request of the owner thereof, or his authorized agent, shall have a lien on said real estate for the amount due for compiling and furnishing such abstract of title and for all costs incurred in enforcing such lien, including cost of the preparation of claim of lien.
History:
1941 Comp., § 51-1305, enacted by Laws 1949, ch. 15, § 1; 1953 Comp., § 61-4-1.
ANNOTATIONS
Compiler's notes.
— Sections 51-1301 and 51-1302, 1941 Comp., cited in this section and compiled as 70-2-1 and 70-2-2 1953 Comp., were repealed by Laws 1963, ch. 307, § 10. For present provisions,
see
47-4-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
1 C.J.S. Abstracts of Title § 6.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 4 - Abstracters' Liens › Section 48-4-2 - Time for filing claim; contents of claim.

Every abstracter claiming the benefit of this act [48-4-1 to 48-4-4 NMSA 1978] must, within ninety (90) days after the date of the certificate in the abstract for which lien is claimed, file for record with the county clerk of the county or counties in which the property, or any part thereof, covered by said abstract, is situated, a claim containing a statement of his demands, after deducting all just credits and offsets, the name of the owner, and also the name of the person by whom he was employed, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of claimant or of some other person.
History:
1941 Comp., § 51-1306, enacted by Laws 1949, ch. 15, § 2; 1953 Comp., § 61-4-2.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 4 - Abstracters' Liens › Section 48-4-3 - Recording of liens; indexing; fees.

The county clerk must record the claim of lien in a book kept for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds.
History:
1941 Comp., § 51-1307, enacted by Laws 1949, ch. 15, § 3; 1953 Comp., § 61-4-3.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 4 - Abstracters' Liens › Section 48-4-4 - Limitation on enforcement of liens; manner of enforcement.

No lien provided for in this act [48-4-1 to 48-4-4 NMSA 1978] shall bind any real estate for a longer period than one (1) year after the same has been filed, unless proceedings be commenced in the district court in and for the county in which the real estate or any of it, described in said lien, is located within that time, to enforce the lien. The proceedings for enforcement of said claims of lien shall be under the rules of pleading, practice and procedure in the district courts and such proceedings shall be had as in the case of the foreclosure of mortgages upon real estates [estate]; and the court may allow as part of the costs of foreclosure, the moneys [monies] paid for the preparation of the claim of lien and for the filing and recording thereof, and reasonable attorney's fees in the district and supreme courts.
History:
1941 Comp., § 51-1308, enacted by Laws 1949, ch. 15, § 4; 1953 Comp., § 61-4-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5 - Threshing Liens › Section 48-5-1 - Who may have.

Any owner or lessee of a threshing machine who threshes grain for another, therewith shall, upon filing the statement provided for in the next section [48-5-2 NMSA 1978], have a lien upon such grain for the value of his services in threshing the same from the date of commencement of the threshing.
History:
Laws 1923, ch. 102, § 1; C.S. 1929, § 82-501; 1941 Comp., § 48-1403; 1953 Comp., § 61-5-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 16.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5 - Threshing Liens › Section 48-5-2 - Procedure to obtain lien.

Any person entitled to a lien under this chapter [48-5-1 to 48-5-3 NMSA 1978], shall within ten days after the threshing is completed, file in the office of the county clerk of the county in which the grain was grown a statement in writing, verified by oath, showing the amount and quantity of grain threshed, the price agreed upon for threshing the same, the name of the person for whom the threshing was done and a description of the land upon which the grain was grown. Unless the person entitled to the lien shall file such statement within the time aforesaid he shall be deemed to have waived his right thereto.
History:
Laws 1923, ch. 102, § 2; C.S. 1929, § 82-502; 1941 Comp., § 48-1404; 1953 Comp., § 61-5-4.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5 - Threshing Liens › Section 48-5-3 - Priority.

Such lien shall have priority over all other liens and incumbrances [encumbrances] upon such grain.
History:
Laws 1923, ch. 102, § 3; C.S. 1929, § 82-503; 1941 Comp., § 48-1405; 1953 Comp., § 61-5-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5A - Harvester's Liens › Section 48-5A-1 - Who may have a lien.

Any individual or company who harvests any crop for another, either manually or by the use of a machine, shall, upon filing the statement provided for in Section 2 [48-5A-2 NMSA 1978] of this act, have a lien upon the crop for the value of his services in harvesting the crop. The lien shall exist from the date of the harvest.
History:
Laws 1989, ch. 89, § 1.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5A - Harvester's Liens › Section 48-5A-2 - Procedure to obtain lien.

Any person or company entitled to a lien under this act [48-5A-1 to 48-5A-3 NMSA 1978] shall, within twenty-one days after the harvest is completed, file in the office of the county clerk of the county in which the crop was grown a statement in writing, verified by oath, showing the amount and quantity of the crop harvested, the price agreed upon for harvesting it, the name of the person for whom the harvest was done and a description of the land upon which the crop was grown. Unless the person entitled to the lien files that statement within the twenty-one day time limit, he shall be deemed to have waived his right to the lien.
History:
Laws 1989, ch. 89, § 2.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5A - Harvester's Liens › Section 48-5A-3 - Petition to cancel lien; security.

A. The owner of any crop subject to a harvester's lien may petition the district court in the county in which the crop was grown for an order canceling the lien.
B. Upon a filing of a 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 attorneys' fees which may be recovered by the lien claimant. Security, in an amount set by the judge and of a type approved by him, shall be deposited by the owner of the crop with the district court conditioned on the payment of any sum found to be validly due the lien claimant.
C. When the security is deposited, 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 canceled. When an order is issued pursuant to this subsection, the claimant's lien attaches to the security.
History:
Laws 1989, ch. 89, § 3.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 5B - Producers' Liens (Repealed.) › Section 48-5B-1 to 48-5B-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 83, § 1 repealed 48-5B-1 to 48-5B-3, 48-5B-5 to 48-5B-7, 48-5B-9, 48-5B-14 NMSA 1978, as enacted by Laws 1995, ch. 157, §§ 1 to 14 and by Laws 1995, ch. 56, §§ 4 and 9, and as amended by Laws 1996, ch. 56, §§ 1 to 8, relating to producer's liens, effective June 20, 1997. For provisions of former sections,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
Laws 1996, ch. 56, § 10, repealed 48-5B-4, 48-5B-8, 48-5B-10 to 48-5B-13 NMSA 1978, as enacted by Laws 1995, ch. 157, §§ 4, 8, and 10 to 13, relating to producer's liens, effective May 15, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 6 - Agricultural Landlord Liens › Section 48-6-2 - Tenants not to remove property subject [to lien].

It shall not be lawful for the tenant, while the rent and such advances remain unpaid, to remove, or permit to be removed, from the premises so leased or rented any agricultural products produced thereon, or any of the animals, tools or property furnished as aforesaid, without the consent of the landlord.
History:
Laws 1921, ch. 182, § 2; C.S. 1929, § 82-102; 1941 Comp., § 48-1502; 1953 Comp., § 61-6-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 114; 52 C.J.S. Landlord and Tenant §§ 639, 714.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 6 - Agricultural Landlord Liens › Section 48-6-3 - When lien expires.

Such preference lien shall continue as to such agricultural products and as to the animals, tools and other property furnished to the tenant as aforesaid, so long as they remain on such rented or leased premises and for one month thereafter; and such lien, as to agricultural products and as to animals and tools furnished as aforesaid, shall be superior to all exemptions.
History:
Laws 1921, ch. 182, § 3; C.S. 1929, § 82-103; 1941 Comp., § 48-1503; 1953 Comp., § 61-6-3.
ANNOTATIONS
Effectiveness as against person with knowledge.
— As against a person who has full knowledge of existence of the landlord's "preference lien," the lien is effective for thirty days.
Goggins v. Dexter Gin Co.
, 1942-NMSC-063, 46 N.M. 440, 130 P.2d 1029.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
52 C.J.S. Landlord and Tenant § 652.
2023 New Mexico Statutes › Chapter 48 - Liens and Mortgages › Article 6 - Agricultural Landlord Liens › Section 48-6-4 - Do not apply to, etc.

Such lien shall not attach to the goods, wares and merchandise of a merchant, trader or mechanic, sold and delivered in good faith in the regular course of business to the tenant.
History:
Laws 1921, ch. 182, § 4; C.S. 1929, § 82-104; 1941 Comp., § 48-1504; 1953 Comp., § 61-6-4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
49 Am. Jur. 2d Landlord and Tenant §§ 704, 706.