New Mexico Mechanics Lien Guide and FAQs

Last updated June 29, 2020
If contractors and suppliers don’t get paid on a construction project in New Mexico, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a New Mexico mechanics lien.

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When should a mechanics lien be used in the payment process?

Start a job

Preliminary notice
slow
pay?

Escalate payment problem

Notice of intent to lien
no
pay?

Demand payment

Mechanics lien

New Mexico lien law deadlines for:

Preliminary notice deadlines
None
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Mechanics lien deadlines
120 days

Lien must be filed within 120 days from project completion.

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Enforcement deadlines
2 years

An action to enforce a New Mexico mechanics lien must be initiated within 2 years from lien's filing. This deadline may not be extended, and missing the deadline renders the lien unenforceable.

New Mexico considers initiating an arbitration action sufficient to meet this deadline, as well as initiating a foreclosure action.

Preliminary notice deadlines
60 days

Preliminary notice must be given when: 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings.

Send Your Notice
Mechanics lien deadlines
90 days

Lien must be filed within 90 days from project completion.

File A Lien Fast
Enforcement deadlines
2 years

An action to enforce a New Mexico mechanics lien must be initiated within 2 years from lien's filing. This deadline may not be extended, and missing the deadline renders the lien unenforceable.

New Mexico considers initiating an arbitration action sufficient to meet this deadline, as well as initiating a foreclosure action.

Preliminary notice deadlines
60 days

Preliminary notice must be given when: 1) The claimant does not contract directly with the property owner or the general contractor; AND 2) The claim is for more than $5000; AND 3) The project is NOT on a residential property with less than 4 dwellings.

Send Your Notice
Mechanics lien deadlines
90 days

Lien must be filed within 90 days from project completion, but that period is extended to 120 days if supplying directly to property owner.

File A Lien Fast
Enforcement deadlines
2 years

An action to enforce a New Mexico mechanics lien must be initiated within 2 years from lien's filing. This deadline may not be extended, and missing the deadline renders the lien unenforceable.

New Mexico considers initiating an arbitration action sufficient to meet this deadline, as well as initiating a foreclosure action.