A. A filing officer does not have a duty to accept for filing or recording a claim of lien, unless the lien is authorized by statute or imposed by a court of competent jurisdiction having jurisdiction over property affected by the lien.
B. A filing officer does not have a duty to accept for filing or recording a claim of lien against a state or local official or employee or a federal official or employee based on the performance or nonperformance of that official's or employee's duties, unless accompanied by a specific order from a court of competent jurisdiction having jurisdiction over property affected by the lien, authorizing the filing of the lien.
C. A filing officer does not have a duty to disclose an instrument of record or filing that attempts to give notice of a nonconsensual common law lien. This subsection does not relieve a filing officer of a duty that otherwise may exist to disclose a claim of a lien authorized by statute or imposed by order of a court of competent jurisdiction having jurisdiction over property affected by the lien. The existence of a claim of a nonconsensual common law lien in the public record does not constitute a defect in the title of or an encumbrance on the real property described and does not affect the marketability of the title to the real property.
D. A filing officer shall not be liable for damages arising from a refusal to record or file or a failure to disclose any claim of a nonconsensual common law lien of record pursuant to this section.
E. A filing officer shall not be liable for damages arising from the acceptance for filing of a claim of lien as described in Subsection B of this section, or for the acceptance for filing of a notice of invalid lien pursuant to Subsection B of Section 6 [48-1A-6 NMSA 1978] of the Lien Protection Efficiency Act.
F. Except as otherwise provided by law, a filing officer shall not be required to defend decisions to accept or reject documents pursuant to Section 6 of the Lien Protection Efficiency Act.
History: Laws 1999, ch. 144, § 7.
Effective dates. — Laws 1999, ch. 144, § 11 made the Lien Protection Efficiency Act effective July 1, 1999.
Structure New Mexico Statutes
Chapter 48 - Liens and Mortgages
Article 1A - Lien Protection Efficiency
Section 48-1A-1 - Short title.
Section 48-1A-2 - Findings; purpose.
Section 48-1A-3 - Definitions.
Section 48-1A-4 - Construction.
Section 48-1A-5 - Non-enforceability of nonconsensual common law liens.
Section 48-1A-8 - Action to void lien; order to show cause; service of process.
Section 48-1A-9 - Orders; liability for costs and attorney fees; damages.