New Mexico Statutes
Article 3 - Liens on Personal Property
Section 48-3-17 - [Priority and enforcement of lien.]

The lien provided for under this act [48-3-16 to 48-3-18 NMSA 1978] is subject to such priorities of liens as are otherwise provided by law, and may be enforced in the same manner and through the same procedure as now provided by law for the enforcement of liens on personal property and as provided in Section 48-3-13 NMSA 1978.
History: 1941 Comp., § 63-304b, enacted by Laws 1951, ch. 51, § 2; 1953 Comp., § 61-3-15.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Legislative intent not to give priority over other lien. — This section provides that the lien created by Section 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by 48-3-16 NMSA 1978 over other liens. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
A statutory lien does not take precedence over a prior recorded chattel mortgage, unless expressly so provided by statute. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of mortgagee and/or lienor to compensation when property subject to mortgage and/or lien is taken by federal government forfeiture based on criminal acts of owner, 136 A.L.R. Fed. 593.
43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.

Structure New Mexico Statutes