New Mexico 2023 Regular Session

New Mexico House Bill HB179

Introduced
1/24/23  
Report Pass
2/10/23  
Report Pass
2/25/23  
Engrossed
3/6/23  
Report Pass
3/11/23  
Enrolled
3/17/23  
Chaptered
3/30/23  

Caption

Filing Of Liens With Property Owner

Impact

The bill is expected to impact both contractors and property owners significantly. By mandating that contractors must notify property owners, it provides an additional layer of protection for property owners, ensuring they are aware of any potential claims against their property. This transparency is likely to encourage better relationships between contractors and property owners while also reducing the risk of legal conflicts arising from misunderstandings about lien filings. Furthermore, this change could lead to more accountable practices in the construction sector, fostering a healthier business environment.

Summary

House Bill 179 proposes amendments to the existing property lien filing process in New Mexico. It mandates that all contractors filing a lien must provide notice to the property owner within fifteen days of filing the claim with the county clerk. This requirement aims to enhance communication between contractors and property owners, ensuring that property owners are informed about claims that could affect their property rights. By streamlining the filing process and reinforcing notification requirements, HB179 intends to clarify the lien process for all parties involved, potentially reducing disputes and promoting fair practices in the construction industry.

Sentiment

In general, the sentiment surrounding HB179 has been positive among industry stakeholders who believe that the bill fosters good communication and clarity regarding property liens. Supporters of the bill, including contractors and real estate professionals, see it as a necessary update to protect property owners from unexpected claims. However, some apprehension has been noted regarding the burden this might place on contractors, particularly smaller ones, who may find additional compliance measures challenging to manage.

Contention

Notable points of contention include concerns from some contractors regarding the practicality of the newly proposed notification methods and timelines. While the intent to protect property owners is broadly supported, questions have been raised about the adequacy of methods such as certified mail for ensuring that property owners are properly informed. Critics argue that the requirements could inadvertently hinder timely lien claims and could pose challenges for those contractors operating in diverse geographic areas.

Companion Bills

No companion bills found.

Previously Filed As

NM HB165

Uniform Unclaimed Property Act

NM HB886

Property liens; require that lis pendens notice of shall be filed within 30 days after the commencement of the action.

NM HB199

Mailed Copies Of Liens In Certain Counties

NM HB2237

Relating to mechanic's, contractor's, or materialman's liens.

NM HB342

Property Tax Changes

NM HB3553

Relating to mechanic's, contractor's, or materialman's liens.

NM SB1281

Relating to mechanic's, contractor's, or materialman's liens.

NM SB237

Revised Uniform Unclaimed Property Act

NM HB303

Property; protections for homeowners, condominium owners, and property owners in community associations; provide

NM HB3498

Relating to mechanic's, contractor's, or materialman's liens.

Similar Bills

No similar bills found.