New Mexico Statutes 67-4-24. County lien; foreclosure; joinder of defendants; complaint;
several judgment; lien recitals as prima facie evidence; attorney fee.
Terms Used In New Mexico Statutes 67-4-24
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The county may, in a single suit, foreclose the liens against all of the persons named in a notice of liens or against the property if the owners are unknown. The complaint filed by the county shall:
(1) expressly state the name and address of each defendant, if known; (2) describe the property against which the lien is established; and
(3) set forth the amount of the lien and the date from which any interest has accrued.
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. Liens shall be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed, with like rights of redemption. At the trial foreclosing the lien, the recitals of the liens or the notices of lien shall be received in evidence as prima facie true. In any foreclosure of a lien for street maintenance assessments under this act N.M. Stat. Ann. § 67-4-20 to 67-4-24, a reasonable attorney’s fee shall be taxed by the court as part of the costs.