Section 3-36-4 – Municipal lien; foreclosure; joinder of defendants; contents of complaint; several judgment or decree; lien recitals as prima facie evidence; attorney fee.
A. The municipality or the holder of any lien may, in a single suit, foreclose the liens against all of the persons named in the notice of liens or against the property if the owners are unknown. The complaint filed by the municipality shall: (1) expressly name each defendant if known; (2) describe the property […]
Section 3-36-5 – Municipal lien; provisions supplementary to other methods of foreclosing liens.
The provisions of Sections 3-36-1 through 3-36-5 NMSA 1978, are intended to afford another and additional method of filing and enforcing municipal liens and are not intended to be construed as repealing any other method provided by law for the filing and foreclosure of liens. History: 1953 Comp., § 14-35-5, enacted by Laws 1965, ch. […]
Section 3-36-6 – Special alternative procedure for the foreclosure of municipal liens by action in rem.
A. As used in this section: (1) “lien” means any unpaid assessment for a street, alley, curb, gutter, storm sewer, sanitary sewer, off-street parking or any other type of municipal special assessment, together with interest and penalties on all of the foregoing and cost in connection therewith, which is a lien on real property duly […]
Section 3-36-7 – Application of proceeds from sale of property.
The proceeds of the sale of the property by the municipality pursuant to a foreclosure sale on a municipal lien under the provisions of Section 3-36-4 or 3-36-6 NMSA 1978 shall be applied as follows: A. first, to the payment of costs in giving notice of the sale and of conducting the sale; B. second, […]
Section 3-36-3 – Manner of releasing lien.
The municipal clerk may release a lien against any specific property by: A. entering and signing a receipt of payment upon the notice of lien filed in the office of the county clerk; or B. issuing a separate receipt which recites that payment of the lien with any accrued interest and penalty has been made. […]
Section 3-36-1 – Municipal lien; filing with county clerk; contents of lien; interest on principal amount of utility [lien].
A. The municipal clerk shall file in the office of the county clerk any notice of lien created by ordinance or under authority of law. The notice of lien shall include: (1) the number of the ordinance under which the lien is established; (2) the fact that a lien is established; (3) the general purpose […]
Section 3-36-2 – Effect of filing notice of lien.
After the filing of the notice of the lien in the office of the county clerk, the municipality shall have a lien upon the property described in the notice of lien. The filing of the notice of the lien shall be notice to all the world of the existence of the lien and of the […]