New Mexico Mechanic's Lien Template

Filing Deadline

Original/prime contractors: 120 days after completion of the contract. All other claimants (subs, suppliers, design pros, equipment lessors): 90 days after completion of the building, improvement, structure, alteration, or repair. Enforcement suit must be filed within 2 years of recording or the lien expires.

Clock starts: Date of 'completion' of the project (or alteration/repair). NM does not have a clean statutory definition of completion, so it is typically measured from substantial completion or last day of meaningful work — NOT from punch-list or warranty visits.

Where to Record

Office of the County Clerk in the county where the property (or any part of it) is located. For Bernalillo County (Albuquerque), file at 415 Silver Ave SW, Albuquerque, NM 87102. Recording fee is $25 for the first 10 index entries plus $25 per additional block of 10. Original signed and notarized document required (certified copy also accepted).

Notarization

Required — document must be sworn before a notary.

The lien must be verified under oath. In practice, every NM county clerk (including Bernalillo) requires the verification to be acknowledged before a notary public, and will reject an un-notarized lie

Service Requirement

Within 15 days after recording the lien with the county clerk, the claimant must serve a copy of the recorded lien on the owner or reputed owner at the owner's last known address. Permitted delivery methods (per 2019 amendments to NMSA 48-2-6): regular mail, email, certified mail return-receipt requested, or hand delivery. Failure to serve does NOT invalidate the lien itself, but it precludes recovery of interest, attorney's fees, and costs in any later foreclosure action — a major remedy loss.