Mechanics Lien Filing Package — New Mexico

Mechanics Lien Filing Package (NEW MEXICO)

Quick-Reference Summary

Part A — Pre-Lien Notice (Notice of Right to Claim Lien)

NOTICE OF RIGHT TO CLAIM LIEN
Pursuant to NMSA 1978, § 48-2-2.1

To: [OWNER OR REPUTED OWNER NAME]
Address: [______________________________________]

And to: [ORIGINAL CONTRACTOR NAME, if any]
Address: [______________________________________]

Date of Notice: [__/__/____]

YOU ARE HEREBY NOTIFIED that the undersigned claims a right to claim a lien against the real property described below in the event of nonpayment for labor and/or materials furnished or to be furnished to the project.

1. Claimant Information

2. Property Description

Address / common designation: [______________________________________]
County: [______________________________________]
Legal description (or description sufficient for actual identification):
[____________________________________________________________]
[____________________________________________________________]

3. Hiring Party

The person with whom the claimant contracted or to whom the claimant furnished labor or materials:
Name: [______________________________________]
Address: [______________________________________]

4. Date First Furnished

Labor or materials were first furnished on: [__/__/____]

5. General Description of Labor / Materials

[____________________________________________________________]

6. Statutory Statement

This notice is given pursuant to NMSA 1978, § 48-2-2.1. If full payment is not received, the undersigned reserves the right to record a claim of lien against the property described above within the time limits set by NMSA 1978, § 48-2-6.

Dated: [__/__/____]

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

Proof of Service (retain in the project file)

☐ Certified mail, return receipt requested — Tracking #: [____________]
☐ Facsimile with acknowledgment — Fax confirmation #: [____________]
☐ Personal delivery — Delivered by: [____________]

Date delivered: [__/__/____]

Part B — Claim of Mechanics Lien

CLAIM OF MECHANICS' AND MATERIALMEN'S LIEN
Pursuant to NMSA 1978, §§ 48-2-1 through 48-2-17

STATE OF NEW MEXICO )
) ss.
COUNTY OF [_____________] )

The undersigned, being first duly sworn, deposes and states:

1. Claimant. [CLAIMANT NAME], whose address is [______________________________________], claims a mechanics' and materialmen's lien upon the real property described below for the work, labor, services, materials, equipment, and/or professional services described herein.

2. Owner / Reputed Owner. The owner or reputed owner of the property is:
Name: [______________________________________]
Address: [______________________________________]

3. Hiring Party. Claimant was employed by, or furnished labor/materials to:
Name: [______________________________________]
Address: [______________________________________]
Relationship to owner: ☐ Owner ☐ Original contractor ☐ Subcontractor ☐ Other: [________]

4. Contract Terms, Time Given, and Conditions.

5. Property Description. The real property to be charged with this lien is located in [_____________] County, New Mexico, and is described as follows:

Legal description:
[____________________________________________________________]
[____________________________________________________________]

Common address: [______________________________________]

6. Work / Materials Furnished. Claimant furnished the following labor, services, materials, and/or equipment:

[____________________________________________________________]
[____________________________________________________________]

Date first furnished: [__/__/____]
Date last furnished / completion: [__/__/____]

7. Amount Claimed.

8. Pre-Lien Notice Compliance Record (NMSA § 48-2-2.1).

The statute does not require the recorded claim itself to state the notice date and method. Complete this paragraph for counsel's compliance record and include it in the recorded claim only after title and filing review.

☐ Pre-lien Notice of Right to Claim Lien was given on: [__/__/____]
Method of delivery: ☐ Certified mail RRR ☐ Fax w/ acknowledgment ☐ Personal delivery
☐ Pre-lien notice not required because: ☐ Claimant is original contractor ☐ Claimant contracted directly with original contractor ☐ Claim ≤ $5,000 ☐ Project is residential property containing four or fewer dwelling units

9. Verification. Claimant, being duly sworn, states that the foregoing claim is true and correct to the best of claimant's knowledge.

Dated: [__/__/____]

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

OATH

STATE OF NEW MEXICO )
) ss.
COUNTY OF [_____________] )

Subscribed and sworn to (or affirmed) before me this [__] day of [__________], 20[__], by [______________________________________].

__________________________________
Notary Public
My commission expires: [__/__/____]

Recording Information

Part C — Notice of Filing Lien Claim to Owner

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
[and email / personal delivery, as applicable]

To: [OWNER NAME]
Address: [______________________________________]

Cc: [ORIGINAL CONTRACTOR NAME]
Address: [______________________________________]

Re: Notice of Recorded Mechanics' Lien
Property: [______________________________________]
County: [_____________] County, New Mexico
Recording Date: [__/__/____]
Instrument / Reception #: [______________]

Dear [Mr./Ms./Owner]:

This letter serves as formal notice that the undersigned has recorded a Claim of Mechanics' and Materialmen's Lien against the above-described real property in the office of the [_____________] County Clerk, pursuant to NMSA 1978, §§ 48-2-1 through 48-2-17.

Amount of lien: $[__________]
Basis of claim: Unpaid labor, services, materials, and/or equipment furnished to the project.

Under NMSA 1978, § 48-2-10, the lien does not remain valid beyond two (2) years after filing unless a proceeding to enforce it has been commenced in a court of competent jurisdiction or in binding arbitration within that period.

A copy of the recorded Claim of Lien is enclosed.

To avoid foreclosure proceedings, please remit the full amount due, or contact the undersigned to discuss resolution, by [__/__/____].

Sincerely,

__________________________________
[CLAIMANT REPRESENTATIVE NAME]
[Title]
[Phone] | [Email]

Enclosure: Recorded Claim of Mechanics' Lien

Statutory delivery record: This copy must be mailed, emailed, sent by certified mail with return receipt requested, or hand delivered to the owner or reputed owner, if known, within fifteen days after filing. Use the last known address or, if unknown, the owner's address in the county assessor's files. NMSA 1978, § 48-2-6(B).

Part D — Suit to Foreclose Mechanics Lien

STATE OF NEW MEXICO
[_____________] JUDICIAL DISTRICT COURT
COUNTY OF [_____________]

Case No.: [_____________]

COMPLAINT FOR FORECLOSURE OF MECHANICS' AND MATERIALMEN'S LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Complaint against Defendants, alleges as follows:

JURISDICTION AND VENUE

1. This is an action to foreclose a mechanics' and materialmen's lien recorded pursuant to NMSA 1978, §§ 48-2-1 et seq. against real property located in [_____________] County, New Mexico.

2. Venue is proper in this Court under NMSA 1978, § 38-3-1 because the real property is situated in this county.

PARTIES

3. Plaintiff is [a/an _______________] with its principal place of business at [______________________________________].

4. Defendant [OWNER NAME] is the record owner of the subject property.

5. [If applicable after counsel's party analysis] Defendant [ORIGINAL CONTRACTOR NAME] is the original contractor on the project and claims or may claim an interest relevant to this action.

6. [If applicable after title and party analysis] Defendant [LENDER] holds a mortgage or deed of trust recorded against the property and claims or may claim an interest relevant to this action.

FACTUAL ALLEGATIONS

7. On or about [__/__/____], Plaintiff entered into an agreement with [HIRING PARTY] to furnish [describe labor / materials] for the improvement of the real property described below.

8. Property:
   Legal description: [__________________________________________________]
   Common address: [______________________________________]

9. Plaintiff first furnished labor / materials on [__/__/____] and last furnished labor / materials on [__/__/____].

10. The agreed / reasonable value of Plaintiff's work and materials is $[__________]. After applying all just credits and offsets, the balance of $[__________] remains due and unpaid.

11. [If applicable] On [__/__/____], Plaintiff timely served a Notice of Right to Claim Lien pursuant to NMSA § 48-2-2.1 by [method].

12. On [__/__/____], within the time required by NMSA § 48-2-6, Plaintiff recorded a Claim of Mechanics' Lien in the office of the [_____________] County Clerk as Instrument No. [______________].

13. This action is commenced within two (2) years of the recording of the lien as required by NMSA § 48-2-10.

CLAIM FOR RELIEF — FORECLOSURE OF LIEN

14. Plaintiff incorporates the foregoing paragraphs.

15. Plaintiff is entitled to foreclose its mechanics' lien against the subject property under NMSA §§ 48-2-1 through 48-2-17.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment:

A. Establishing and adjudging the validity and priority of Plaintiff's mechanics' lien in the amount of $[__________], plus interest, costs, and reasonable attorneys' fees as permitted by law;
B. Ordering the sale of the subject property to satisfy the lien;
C. Determining the rights, claims, and priorities of all Defendants in the property;
D. Awarding costs of suit and pre- and post-judgment interest; and
E. For such other and further relief as the Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], NM Bar No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Lien rights and licensing

☐ Claimant and the furnished labor, equipment, surveying, or materials fall within NMSA § 48-2-2.
☐ Claimant holds any license required by the Construction Industries Licensing Act; NMSA § 60-13-30(B) bars an unlicensed contractor from filing or claiming a mechanics' lien when a license is required.
☐ Project is private property. If it is public work, stop and analyze the separate payment-bond route under NMSA §§ 13-4-18 through 13-4-20.

Pre-lien notice (NMSA § 48-2-2.1)

☐ Determined whether pre-lien notice is required:
☐ Claimant NOT in privity with owner or original contractor, AND
☐ Claim exceeds $5,000, AND
☐ Project is NOT residential property containing four or fewer dwelling units.
☐ If required, Notice of Right to Claim Lien sent within 60 days of first furnishing labor/materials.
☐ Notice delivered by certified mail RRR, fax with acknowledgment, or personal delivery.
☐ Notice contains: claimant name/address/phone; property description; name/address of hiring party.
☐ Proof of delivery retained in the project file.

Claim of lien

☐ Claim of lien drafted with: claimant name; owner/reputed owner if known; hiring/furnishing party; terms, time given, and conditions of the contract; property description sufficient for identification; demand after credits/offsets; and oath verification.
☐ Entire claim verified by oath; an acknowledgment alone is not used as a substitute for the required verification.
☐ Filing deadline calculated:
☐ 120 days after completion of contract (original contractor), OR
☐ 90 days after completion of building/improvement (all other claimants).
☐ Filed with county clerk in county where property is located.
☐ Recording fee paid (per county schedule).

Post-recording

☐ Copy of filed lien sent or delivered to owner/reputed owner within 15 days by a method permitted in § 48-2-6(B).
☐ Enforcement deadline calendared: 2 years after filing, subject to the proceeding rule in § 48-2-10.

Foreclosure suit

☐ Complaint drafted after title review and counsel's analysis of the parties whose interests must be adjudicated.
☐ Filed in district court of county where property is located before 2-year deadline.
☐ If counsel elects to use lis pendens, notice recorded under NMSA § 38-1-14 and process served within the 60-day period in § 38-1-15.

Sources and References

• NMSA 1978, Chapter 48 — current official compilation
• NMSA 1978, Chapter 60 — current official compilation
• NMSA 1978, Chapter 13 — current official compilation
• NMSA 1978, Chapter 38 — current official compilation