HOUSE BILL 179
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Eleanor Chávez and Tara Jaramillo and Patricia Roybal Caballero and Tara L. Lujan and Yanira Gurrola
AN ACT
RELATING TO PROPERTY; REQUIRING NOTICE OF THE FILING OF LIENS WITH THE PROPERTY OWNER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 48-2-6 NMSA 1978 (being Laws 1880, Chapter 16, Section 6, as amended) is amended to read:
"48-2-6. TIME FOR FILING LIEN CLAIM--CONTENTS--NOTICE OF LIEN.--
A. Every original contractor, within one hundred [and] twenty days after the completion of [his] a contract, and every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through [48-2-19] 48-2-17 NMSA 1978 [must] shall, within ninety days after the completion of any building, improvement or structure or after the completion of the alteration or repair [thereof] of the building, improvement or structure or the performance of any labor in a mining claim, file for record with the county clerk of the county in which [such] the property or some part [thereof] of it is situated a claim containing a statement of [his] demands, after deducting all just credits and offsets. The claim shall state the name of the owner or reputed owner, if known, and also the name of the person by whom [he] the claimant was employed or to whom [he] the claimant furnished the materials, and shall include a statement of the terms, time given and the conditions of the contract, and also a description of the property to be charged with the lien, sufficient for identification. The claim [must] shall be verified by the oath of [himself] the claimant or of some other person.
B. A person filing a claim for a lien with a county clerk pursuant to Subsection A of this section shall mail or hand deliver a written notice of the claim to the owner stated in the claim within fifteen days of filing the claim with the county clerk. A copy of the claim for a lien shall be attached to the notice."
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