Pre-lien Notice / Notice to Owner - New Mexico

NOTICE OF RIGHT TO CLAIM A LIEN

(Pre-Lien Notice / Notice to Owner)
State of New Mexico — NMSA 1978, § 48-2-2.1

TABLE OF CONTENTS

1. Applicability Screen
2. Statutory Notice
3. Signature
4. Delivery Certificate
5. Next-Step Checklist

1. APPLICABILITY SCREEN

1. Title: “Notice of Right to Claim a Lien (New Mexico)”

2. Parties:
   a. “Claimant”: [CLAIMANT LEGAL NAME], a [STATE] [entity type]
   b. “Owner”: [OWNER LEGAL NAME], a [STATE] [entity type / individual]
   c. Optional additional recipients: General Contractor, Construction Lender, Surety

3. Property: [SHORT PROPERTY ADDRESS] (full legal description in the Property definition below)

4. Project: [PROJECT NAME / DESCRIPTION OF IMPROVEMENT]
5. Effective Date: [DATE NOTICE SIGNED]
6. Governing Authority: NMSA 1978, §§ 48-2-2, 48-2-2.1, and 48-2-6

Who must give this Notice (NMSA 1978, § 48-2-2.1(A)–(B)). This statutory notice is a condition of enforcing a lien only when the claimant (a) claims a lien in an amount more than $5,000 and (b) does not contract directly with the owner or with the original contractor. The requirement does not apply to (i) an original contractor (one who contracts directly with the owner), (ii) a mechanic or materialman who contracts directly with the original contractor, or (iii) any claim of lien on residential property containing four or fewer dwelling units. A claimant not required to give the notice retains lien rights without it.

Complete before using this notice:

☐ The proposed lien amount is more than $5,000.

☐ The property is not residential property containing four or fewer dwelling units.

☐ Claimant is not the original contractor that contracted directly with the owner.

☐ Claimant did not contract directly with the original contractor.

The subsection B notice condition generally applies only when all four boxes are checked. If any box is unchecked, counsel should identify the applicable threshold or subsection A exclusion before describing the notice as statutorily required.

2. STATUTORY NOTICE

Definitions

The following terms, when capitalized, have the meanings set forth below:

“Claim” – The amount owing to Claimant for Labor and/or Materials furnished to the Improvement, presently estimated at $[AMOUNT].

“Improvement” – The construction, alteration, or repair work being performed on the Property commonly known as “[PROJECT NAME].”

“Labor and/or Materials” – Labor, equipment, tools, machinery, surveying, or materials supplied by Claimant for the Improvement, first furnished on [FIRST FURNISHING DATE].

“Notice” – This “Notice of Right to Claim a Lien,” together with all attachments and the Certificate of Service.

“Property” – The real property more particularly described as:

LEGAL DESCRIPTION: [INSERT FULL LEGAL DESCRIPTION]

Notice Terms

1. Notice of Right. Pursuant to NMSA 1978, § 48-2-2.1, Claimant provides written notice that Claimant has furnished, or is furnishing, Labor and/or Materials to the Improvement and may claim a lien in the event of nonpayment.

2. Estimated Claim. As of the Effective Date, Claimant estimates the unpaid amount at $[AMOUNT]. This estimate does not replace the statement of demand, credits, offsets, contract terms, and verified property description required in a later recorded claim under § 48-2-6.

3. Identity of Contracting Party. Claimant was engaged by [NAME AND ADDRESS OF PARTY WITH WHOM CLAIMANT CONTRACTED OR TO WHOM CLAIMANT FURNISHED LABOR OR MATERIALS], who is believed to be the [General Contractor / Subcontractor]. (Required content — NMSA 1978, § 48-2-2.1(D)(3).)

4. Timing Compliance. This Notice is being given not more than sixty (60) days after Claimant initially furnished work or materials to the Improvement, as required by NMSA 1978, § 48-2-2.1(B). Late notice (§ 48-2-2.1(E)): if this Notice is given after the 60-day period, Claimant’s lien will apply only to work performed or materials furnished on or after the date thirty (30) days before the date this Notice is given.

5. Required Contents (NMSA 1978, § 48-2-2.1(D)). This Notice contains: (a) a description of the Property, or a description sufficiently specific for actual identification (the Property definition above); (b) Claimant’s name, address, and telephone number; and (c) the name and address of the person with whom Claimant contracted or to whom Claimant furnished labor or materials (paragraph 3 above).

6. Scope. This Notice states a right to claim a lien in the event of nonpayment. It does not itself record or perfect a lien, create a private cure period, or authorize foreclosure.

3. SIGNATURE

IN WITNESS WHEREOF, the undersigned Claimant executes this Notice effective as of the Effective Date set forth above.

CLAIMANT:
[CLAIMANT LEGAL NAME]
By: ________________________________
Name: ______________________________
Title: ______________________________
Date: _______________________________

4. DELIVERY CERTIFICATE

STATE OF ____________
COUNTY OF __________

I, [NAME OF PERSON SERVING NOTICE], certify that:

1. I am at least 18 years of age and not a party to the above-referenced matter.
2. On [DATE OF SERVICE], I served the foregoing “Notice of Right to Claim a Lien” on the following parties:

a. Owner: [OWNER LEGAL NAME & ADDRESS]
b. [Add additional recipients as necessary]

3. Method of Service (check one — NMSA 1978, § 48-2-2.1(B) permits only these three methods, delivered to the owner or reputed owner or to the original contractor):
   ☐ Certified Mail, Return Receipt Requested, Article No. ____________
   ☐ Facsimile with acknowledgement (Fax No. / Confirmation: ____________)
   ☐ Personal Delivery (Name of Person Served: ____________)

4. I retained the return receipt, facsimile acknowledgment, or signed delivery record as applicable.

Executed on [DATE] at [CITY, STATE].

________________________________
Signature of Server

________________________________
Printed Name of Server

5. NEXT-STEP CHECKLIST

☐ Calendar the § 48-2-6 recording deadline using the correct claimant classification and statutory completion event.

☐ Prepare the separate verified claim of lien with every item required by § 48-2-6(A).

☐ After recording, send or deliver a copy of the filed claim to the owner or reputed owner within fifteen days by a method allowed in § 48-2-6(B).

☐ Calendar the two-year enforcement period in § 48-2-10.

6. OFFICIAL SOURCE

• NMSA 1978, Chapter 48 — current official compilation