A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In New Mexico (NM), a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors, subcontractors, or suppliers can file against a property if they have not been paid for labor or materials used in improving the property. To enforce a mechanic's lien, the claimant must follow specific procedures, including timely filing a notice of lien with the county clerk in the county where the property is located. Another type of lien is a homeowners' association (HOA) lien, which can be placed on a property for unpaid association dues or assessments. The HOA must typically provide notice to the homeowner before recording the lien. New Mexico statutes outline the process for creating, filing, and enforcing these liens, and the rights of both the lienholder and the property owner. It is important for property owners and potential lien claimants to understand the specific requirements and timelines set forth by New Mexico law to ensure their rights are protected.