Three (3) months after the debt for which the lien is claimed becomes due, the lien claimant may enforce such lien by either a suit to foreclose the lien or by a sale as hereinafter provided. History: 1941 Comp., § 63-320, enacted by Laws 1953, ch. 125, § 4; 1953 Comp., § 61-3-23. ANNOTATIONSForeclosure or sale by lien claimant. — Under Sections 48-3-22 to 48-3-27 NMSA 1978 a lien claimant may commence foreclosure proceedings in court at any time after three months from the date for which the lien claimed becomes due, or may sell the property under the nonjudicial procedure at any time after six months from the date upon which the lien claimed became due. 1953 Op. Att'y Gen. No. 53-5741. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens §§ 63 to 76. Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6. 8 C.J.S. Bailments §§ 80 to 85.
New Mexico Legal Code