Home>Levelset Community>Legal Help>I had to filed a Mechanics lien for in New Mexico. There are several parties listed, vested owner, agent and managing partner. Notices were sent last week to each party listed by regular mail when I was told it would be certified, should I have them sent again certified or is it detrimental to me that it would reflect as a late notice?
I had to filed a Mechanics lien for in New Mexico. There are several parties listed, vested owner, agent and managing partner. Notices were sent last week to each party listed by regular mail when I was told it would be certified, should I have them sent again certified or is it detrimental to me that it would reflect as a late notice?
Mechanics lien filed for 27K for non payment for window coverings balance for a new Senior Living Skilled Nursing Facility. Property has closed due to financial problems before it even opened.
1 reply
Apr 22, 2019
Sorry to hear about your payment issues. New Mexico, compared to the rest of the US, has few regulations concerning mechanics lien notices. The only required notice is a preliminary notice. Which itself is only required in very specific circumstances. This notice is required to be sent by certified mail with return receipt requested. However, since your question states that a lien has already been filed, I assume you are referring to a Notice of Mechanics Lien. Unlike many other states, New Mexico does not specifically require that a copy of the filed mechanics lien be served on the interested parties to preserve mechanics lien rights. The filing of a lien in the public records constitutes sufficient notice to any interested party. But, it's a good idea to send notices, required or not. Notices can bring visibility to a claimant's non-payment and potentially induce payment before the lien is enforced. For more information, you can read: How to File a Mechanics Lien in New Mexico or check out the New Mexico Lien & Notice Overview page.