Chapter 10, Section A:
Types of Liens



Revised November 5, 2008




“Lien” defined (48-2-1)

Section 48-2-1 NMSA 1978 defines “Lien” as a charge imposed upon specific property, by which it is made security for the performance of an act.
 

Titling through the Lien Process - Types of Liens

  • Mechanic’s Lien

    A person or company in the business of performing repair work may claim a “Mechanic’s Lien” on a vehicle when the owner fails to pick up the vehicle and pay authorized repair fees within a reasonable period of time.

    The vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of the vehicle (eight years and older) to a licensed dismantler he need only provide the licensed dismantler with an NCIC Clearance. No further action is necessary. If the lien claimant chooses to sell the vehicle, or if the vehicle is not at least eight years old, the lien claimant must follow instructions on titling through the lien process.

    The lien process on this type of lien starts when the account becomes due and payable, and applies only to residents or businesses operating in New Mexico.
     
  • Storage Lien

    A person or company in the business of storage may claim a “Storage Lien” on a vehicle when the owner fails to pick up the vehicle and pay authorized storage fees within a reasonable period of time. The vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of the vehicle (eight years and older) to a licensed dismantler he need only provide the licensed dismantler with an NCIC Clearance. No further action is necessary. If the lien claimant chooses to sell the vehicle, or if the vehicle is not at least eight years old, the lien claimant must follow instructions on titling through the lien process.

    The lien process on this type of lien starts when the account becomes due and payable, and applies only to residents or businesses operating in New Mexico.
     
  • Abandoned Vehicle Lien

    A person or company may claim an “Abandoned Vehicle Lien” on a vehicle that was abandoned on their property and left for an unreasonable period of time, generally at least 30 days. The vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of the vehicle (eight years and older) to a licensed dismantler, he need only provide the licensed dismantler with an NCIC Clearance. No further action is necessary. If the lien claimant chooses to sell the vehicle, or if the vehicle is not at least eight years old, the lien claimant must follow instructions on titling through the lien process.

    The lien process on this type of lien starts when the account becomes due and payable, and applies only to residents or businesses operating in New Mexico.
     
  • Landlord’s Lien

    A person or company in the business of renting may claim a “Landlord’s Lien.” These liens are placed on a vehicle (including a mobile home or trailer) which has been placed in or upon the claimant’s business, when the owner fails to pay authorized rent fees including gas, water, electricity or other services within a reasonable period of time. The lien claimant may be the owner or operator of a rental dwelling, auto/trailer court or campground. The vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of the vehicle (eight years and older) to a licensed dismantler, he need only provide the licensed dismantler with an NCIC Clearance. No further action is necessary. If the lien claimant chooses to sell the vehicle, or if the vehicle is not at least eight years old, the lien claimant must follow instructions on titling through the lien process.

    The lien process on this type of lien starts when the account becomes due and payable, and applies only to residents or businesses operating in New Mexico.
     
  • Towing Lien

    A person or company licensed in the business of towing by the New Mexico Public Regulation Commission (PRC) may claim a lien on a vehicle when the owner fails to pick up the vehicle and pay authorized towing and storage fees within a reasonable period of time. The vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of the vehicle (eight years and older) to a licensed dismantler, he need only provide the licensed dismantler with an NCIC Clearance. No further action is necessary. If the lien claimant chooses to sell the vehicle, or if the vehicle is not at least eight years old, the lien claimant must follow instructions on titling through the lien process.

    The lien process on this type of lien starts when the account becomes due and payable, and applies only to residents or businesses operating in New Mexico.