{"data":{"id":"us-nm/48-1a-7","jurisdiction":"us-nm","citation":"48-1A-7","heading":"No duty to accept or to disclose a nonconsensual common law lien; immunity from liability.","body":"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.\nB. 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.\nC. 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.\nD. 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.\nE. 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.\nF. 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.","path":["Chapter 48 - Liens and Mortgages","ARTICLE 1A Lien Protection Efficiency"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18551/index.do","current_through":"2024-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"fffa2576118f5ee279b2fe15e7465ba954e46857d4ab22a0e2d816755158272b","source_id":"us-nm","stale":false,"prev":"us-nm/48-1a-6","next":"us-nm/48-1a-8"},"notice":"GroundRules: Original legal text. Not legal advice."}