New Mexico 2023 Regular Session

New Mexico House Bill HB179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB 179/a~~
2		-	~~Page 1~~
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	2	+	[bracketed material] = delete
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	28	+	HOUSE BILL 179
	29	+	56
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2023
	46	+	INTRODUCED BY
	47	+	Eleanor Chavez and Tara Jaramillo and Patricia Roybal Caballero
	48	+	and Tara L. Lujan and Yanira Gurrola
28	49		AN ACT
29	50		RELATING TO PROPERTY; REQUIRING NOTICE OF THE FILING OF LIENS
30	51		WITH THE PROPERTY OWNER.
31	52		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
32	53		SECTION 1. Section 48-2-6 NMSA 1978 (being Laws 1880,
33	54		Chapter 16, Section 6, as amended) is amended to read:
34		-	"48-2-6. TIME FOR FILING LIEN CLAIM--CONTENTS--NOTICE
35		-	OF LIEN.--
	55	+	"48-2-6. TIME FOR FILING LIEN CLAIM--CONTENTS--NOTICE OF
	56	+	LIEN.--
36	57		A. Every original contractor, within one hundred
37		-	twenty days after the completion of a contract, and every
38		-	person, except the original contractor, desiring to claim a
39		-	lien pursuant to Sections 48-2-1 through 48-2-17 NMSA 1978
40		-	shall, within ninety days after the completion of any
41		-	building, improvement or structure or after the completion of
42		-	the alteration or repair of the building, improvement or
43		-	structure or the performance of any labor in a mining claim,
44		-	file for record with the county clerk of the county in which
45		-	the property or some part of it is situated a claim
46		-	containing a statement of demands, after deducting all just
47		-	credits and offsets. The claim shall state the name of the
48		-	owner or reputed owner, if known, and also the name of the
49		-	person by whom the claimant was employed or to whom the
50		-	claimant furnished the materials, and shall include a
51		-	statement of the terms, time given and the conditions of the HB 179/a
52		-	Page 2
	58	+	[and] twenty days after the completion of [his ] a contract, and
	59	+	every person, except the original contractor, desiring to claim
	60	+	a lien pursuant to Sections 48-2-1 through [48-2-19 ] 48-2-17
	61	+	NMSA 1978 [must] shall, within ninety days after the completion
	62	+	of any building, improvement or structure or after the
	63	+	completion of the alteration or repair [thereof ] of the
	64	+	.223592.1 underscored material = new
	65	+	[bracketed material] = delete
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78		-	contract, and also a description of the property to be
79		-	charged with the lien, sufficient for identification. The
80		-	claim shall be verified by the oath of the claimant or of
81		-	some other person.
82		-	B. A person filing a claim for a lien with a
83		-	county clerk pursuant to Subsection A of this section shall
84		-	mail, email, send by certified mail with return receipt
85		-	requested or hand deliver a copy of the filed claim for a lien
86		-	to the owner or reputed owner, if known, stated in the claim
87		-	within fifteen days of filing the claim with the county clerk.
88		-	The copy of the filed claim for a lien shall be sent or
89		-	delivered to the owner or reputed owner at the owner or
90		-	reputed owner's last known address. If the owner or reputed
91		-	owner's address is not known, the copy of the filed claim for
92		-	a lien shall be sent to the address of the owner of the
93		-	property as listed in the county assessor's files. The
94		-	failure of the claimant to serve the notice may preclude the
95		-	recovery of interest, attorney's fees or costs."
	91	+	building, improvement or structure or the performance of any
	92	+	labor in a mining claim, file for record with the county clerk
	93	+	of the county in which [such ] the property or some part
	94	+	[thereof] of it is situated a claim containing a statement of
	95	+	[his] demands, after deducting all just credits and offsets.
	96	+	The claim shall state the name of the owner or reputed owner,
	97	+	if known, and also the name of the person by whom [he ] the
	98	+	claimant was employed or to whom [he ] the claimant furnished
	99	+	the materials, and shall include a statement of the terms, time
	100	+	given and the conditions of the contract, and also a
	101	+	description of the property to be charged with the lien,
	102	+	sufficient for identification. The claim [must ] shall be
	103	+	verified by the oath of [himself ] the claimant or of some other
	104	+	person.
	105	+	B. A person filing a claim for a lien with a county
	106	+	clerk pursuant to Subsection A of this section shall mail or
	107	+	hand deliver a written notice of the claim to the owner stated
	108	+	in the claim within fifteen days of filing the claim with the
	109	+	county clerk. A copy of the claim for a lien shall be attached
	110	+	to the notice."
	111	+	- 2 -
	112	+	.223592.1