2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 36 - Municipal Liens
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 against which the lien is established; and

(3) set forth the amount of the lien.

B. The judgment or decree rendered in said cause shall be several against the named defendants and against the several properties for the amounts decreed to be due by each. A lien against real estate may be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed with like rights of redemption. Lien against personal property may be foreclosed in the same manner security interests are foreclosed. At the trial of any case foreclosing any lien, the recitals of the lien or other evidence of indebtedness shall be received in evidence as prima facie true. In the foreclosure of any lien created by municipal ordinance or under authority of law, a reasonable attorney's fee shall be taxed by the court as part of the costs.

History: 1953 Comp., § 14-35-4, enacted by Laws 1965, ch. 300.

Cross references. — For foreclosure of mortgages, see 39-5-1 NMSA 1978 et seq.

For secured transactions, remedies available upon default of debtor, see 55-9-501 NMSA 1978.

Duty of city to foreclose lien for holders of certificates. — Limitations of statute did not prevent municipality from constituting itself as trustee or agent of certificate holders for purpose of making assessments, including enforcing and collecting assessments when authorized by statute, subject to constitutional and statutory limitations on exercise of this power. Conceding that city was authorized to foreclose liens for delinquent assessments, the same right and duty was imposed upon certificate holders. They had the duty to mandamus city to perform or to institute foreclosure proceedings. Purcell v. City of Carlsbad, 126 F.2d 748 (10th Cir. 1942).

Dismissal as to some defendants. — A suit to foreclose certificates and paving liens against several defendants individually, as their interest appeared, could be dismissed as to some defendants and continued as to others, and appeal taken from such dismissal. City of Roswell v. Holmes, 1939-NMSC-034, 43 N.M. 303, 92 P.2d 889.

Procedure to challenge amount of lien. — The procedures by which a city may attach and foreclose upon a lien do not provide a procedure to challenge the amount of the lien imposed. Henderson v. City of Tucumcari, 2005-NMCA-077, 137 N.M.709, 114 P.3d 389, cert. denied, 2005-NMCERT-006, 137 N.M. 766, 115 P.3d 229.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1615.