Section 48-12-7 – Attorney fees.
The cost of proceedings, including trial and appellate court proceedings, brought pursuant to the Commercial Real Estate Broker Lien Act, including reasonable attorney fees, expenses of litigation and prejudgment interest, shall be awarded to the prevailing party or parties. When more than one party is responsible for costs, fees and prejudgment interest, the costs, fees […]
Section 48-12-5 – Commencement of action; recording satisfaction of lien.
A. A broker claiming a lien under the Commercial Real Estate Broker Lien Act shall, within two years after recording the notice of lien, bring suit to enforce the lien in the district court in the county where the commercial real estate is located. Failure to commence proceedings pursuant to this subsection shall extinguish the […]
Section 48-12-6 – Petition to cancel lien; security.
A. The owner of any commercial real estate upon which a lien has been filed pursuant to the Commercial Real Estate Broker Lien Act may petition the district court for the county in which the commercial real estate is located for an order canceling the lien. B. Upon the filing of the petition, the district […]
Section 48-11-6 – Perfected security interests; payment; possession.
Any person who has a perfected security interest under Chapter 55, Article 9 NMSA 1978 may claim any personal property subject to the security interest and subject to a lien arising under the Self-Service Storage Lien Act by paying the total amount due for the storage of the property as specified in the notice to […]
Section 48-11-7 – Enforcement of lien.
A. An owner’s lien, as provided under the Self-Service Storage Lien Act, for a claim that has become due may be satisfied as follows: (1) after the occupant has been in default continuously for a period of five days, the owner may deny the occupant access to the occupant’s space for storage; (2) after the […]
Section 48-11-8 – Notice; posting.
Each owner shall post in a prominent place in his office at all times a notice which reads as follows: “All articles stored under a rental agreement, which have incurred unpaid charges for thirty days, will be sold or otherwise disposed of to pay charges at the end of ninety days.”. History: Laws 1987, ch. […]
Section 48-11-9 – Criminal liability.
Any person who willfully fails to disclose any lienholder as required by the disclosure provision of the rental agreement defined in Section 3 [48-11-3 NMSA 1978] of the Self-Service Storage Lien Act is guilty of a petty misdemeanor. History: Laws 1987, ch. 314, § 9. ANNOTATIONS Severability. — Laws 1987, ch. 314, § 11 provided […]
Section 48-12-1 – Short title.
This act [48-12-1 to 48-12-7 NMSA 1978] may be cited as the “Commercial Real Estate Broker Lien Act”. History: Laws 2014, ch. 38, § 1. ANNOTATIONS Effective dates. — Laws 2014, ch. 38, § 8 made Laws 2014, ch. 38, §§ 1 through 7, the Commercial Real Estate Broker Lien Act, effective July 1, 2014.
Section 48-12-2 – Definitions.
As used in the Commercial Real Estate Broker Lien Act: A. “broker” means a person licensed as a qualifying broker under the provisions of Chapter 61, Article 29 NMSA 1978; and B. “commercial real estate” means any real estate other than: (1) real estate on which no buildings or structures are located and that is […]
Section 48-12-3 – Broker’s lien for compensation for services; requirements.
A broker shall have a lien upon commercial real estate or any interest in commercial real estate in the amount that the broker is due for licensed services connected with the leasing of the commercial real estate, if the broker: A. is entitled to a stated fee or commission provided in a written instrument that: […]