This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a particular date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a certain number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- Waiver and Release Forms
-
New Mexico Conditional Waiver and Release of Lien Upon Final Payment
New Mexico Property Lien Form
State:
New Mexico
Control #:
NM-08-09
Format:
Word;
Rich Text
Instant download
Description Property Lien Examples
Free preview Release Of Lien Form New Mexico
Conditional Release Lien Related forms
View Motion in limine with
View Motion in limine with
View this form
View Motion to preclude form
View Motion to preclude form
View this form
View Motion to preclude
View Motion to preclude
View this form
View Motion to preclude testimony
View Motion to preclude testimony
View this form
View Motion to preclude discovery
View Motion to preclude discovery
View this form
Related legal definitions
Conditional Waiver Lien Form Form Rating
4.78
Satisfied(292)
Release Lien Payment Form Form popularity
New Mexico Conditional Other Form Names
Conditional Waiver Payment
Lien Release Form Pdf
Waiver Release Lien Pdf
Conditional Lien Waiver Template
Waiver Release Lien
Conditional Waiver Lien Final
Release Of Lien On Property
New Mexico Property Lien Form Related Searches
-
new mexico property liens
-
new mexico mechanics lien form
-
new mexico liens
-
how to file a mechanics lien in new mexico
-
mechanics lien new mexico
-
new mexico repo affidavit
-
new mexico mvd
-
new mexico cdl self certification form
-
how to file a property lien in new mexico
-
new mexico property liens
Conditional Waiver Release Interesting Questions
A property lien is a legal claim on a property by a creditor who is owed money. You should be concerned about it as it can affect your ability to sell or refinance the property.
A property lien in New Mexico is typically filed when the property owner fails to make payments on a debt, such as unpaid taxes or contractor bills.
To find out if there is a property lien on a property in New Mexico, you can visit the county clerk's office and search their records or hire a title company to perform a title search.
When preparing a New Mexico property lien form, you typically need to include details about the property owner, the creditor, the amount owed, and a description of the debt.
Yes, you generally need to provide notice to the property owner when filing a property lien in New Mexico. The specific notification requirements may vary depending on the type of lien.
The duration of a property lien in New Mexico depends on the type of lien and the circumstances. It can range from a few months to several years.
Yes, a property lien in New Mexico can be removed. It can be removed by paying off the debt, negotiating a settlement, or through a legal process such as a lien release or discharge.
If a property owner fails to address a property lien in New Mexico, the creditor may take legal action to foreclose on the property and recover the debt owed.
Yes, it is advisable to seek legal assistance when dealing with a property lien in New Mexico. An attorney can provide guidance and help protect your rights throughout the process.
Conditional Release Payment Trusted and secure by over 3 million people of the world’s leading companies
Release Lien Payment
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
New Mexico
Change state
-
No results found.
-
New Mexico
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Delaware
-
Hawaii
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Louisiana
-
Maine
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
Conditional Waiver and Release of Lien Upon Final Payment
Note: This summary is not intended to be an all inclusive discussion of New Mexico's construction or mechanic's lien laws, but does include basic provisions.
What is a construction or mechanic's lien?
Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.
Who can claim a lien in this State?
Every person performing labor upon, providing or hauling equipment, tools or machinery for or furnishing materials to be used in the construction, alteration or repair of any mine, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, road or aqueduct to create hydraulic power or any other structure, who performs labor in any mine or is a registered surveyor or who surveys real property has a lien upon the same for the work or labor done, for the specific contract or agreed upon charge for the surveying or equipment, tools or machinery hauled or provided or materials furnished by each respectively, whether done, provided, hauled or furnished at the instance of the owner of the building or other improvement or his agent.
How long does a party have to claim a lien?
Every original contractor, within one hundred and twenty days after the completion of his contract, and every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through 48-2-19 NMSA 1978, must, within ninety days after the completion of any building, improvement or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file for record with the county clerk of the county in which such property or some part thereof is situated, a claim containing a statement of his demands, after deducting all just credits and offsets.
What kind of notice is required prior to filing a lien?
No lien of a mechanic or a materialman claimed in an amount of more than five thousand dollars ($5,000) may be enforced by action or otherwise unless the lien claimant has given notice in writing of his right to claim a lien in the event of nonpayment and that notice was given not more than sixty days after initially furnishing work or materials, or both, by either certified mail, return receipt requested, Fax with acknowledgment or personal delivery.
How long is a lien good for?
No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period than two years after the claim of lien has been filed unless proceedings have been commenced in a court of competent jurisdiction within that time to enforce the lien.
Are liens assignable?
New Mexico statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.
Does this State require or provide for a notice from subcontractors and laborers to property owners?
Yes. A lien claim of more that $5,000 must be preceded by a Notice of Right to Claim a Lien. In addition, a subcontractor or other party may make a written demand to the contractor or property owner, requesting information vital to the filing of a lien claim. The owner or contractor must respond within five (5) days or risk losing important defenses in any legal action that follows.
Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?
New Mexico law does not provide or require specific notices from the property owner to contractors, subcontractors, or laborers, however, please see Notice of Non Responsibility, below.
Does this State require a notice prior to starting work, or after work has been completed?
No. New Mexico statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.
Does this State permit a person with an interest in property to deny responsibility for improvements?
Yes. A party providing labor or material for the improvement of property is entitled to a lien against that property, unless the owner or person having or claiming an interest in the property shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to the effect, in some conspicuous place upon said land, or upon the building or other improvement situated thereon.
Is a notice attesting to the satisfaction of a lien provided for or required?
No. New Mexico statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.
By what method does the law of this State permit the release of a lien?
The owner of any building, mining claim, improvement or structure subject to a lien under Sections 48-2-1 through 48-2-17 NMSA 1978 may petition the district court for the county in which the property or a part thereof is located for an order cancelling the lien.
Legal definition
Conditional Waiver and Release of Lien Upon Final Payment
Note: This summary is not intended to be an all inclusive discussion of New Mexico's construction or mechanic's lien laws, but does include basic provisions.
What is a construction or mechanic's lien?
Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.
Who can claim a lien in this State?
Every person performing labor upon, providing or hauling equipment, tools or machinery for or furnishing materials to be used in the construction, alteration or repair of any mine, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, road or aqueduct to create hydraulic power or any other structure, who performs labor in any mine or is a registered surveyor or who surveys real property has a lien upon the same for the work or labor done, for the specific contract or agreed upon charge for the surveying or equipment, tools or machinery hauled or provided or materials furnished by each respectively, whether done, provided, hauled or furnished at the instance of the owner of the building or other improvement or his agent.
How long does a party have to claim a lien?
Every original contractor, within one hundred and twenty days after the completion of his contract, and every person, except the original contractor, desiring to claim a lien pursuant to Sections 48-2-1 through 48-2-19 NMSA 1978, must, within ninety days after the completion of any building, improvement or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file for record with the county clerk of the county in which such property or some part thereof is situated, a claim containing a statement of his demands, after deducting all just credits and offsets.
What kind of notice is required prior to filing a lien?
No lien of a mechanic or a materialman claimed in an amount of more than five thousand dollars ($5,000) may be enforced by action or otherwise unless the lien claimant has given notice in writing of his right to claim a lien in the event of nonpayment and that notice was given not more than sixty days after initially furnishing work or materials, or both, by either certified mail, return receipt requested, Fax with acknowledgment or personal delivery.
How long is a lien good for?
No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period than two years after the claim of lien has been filed unless proceedings have been commenced in a court of competent jurisdiction within that time to enforce the lien.
Are liens assignable?
New Mexico statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.
Does this State require or provide for a notice from subcontractors and laborers to property owners?
Yes. A lien claim of more that $5,000 must be preceded by a Notice of Right to Claim a Lien. In addition, a subcontractor or other party may make a written demand to the contractor or property owner, requesting information vital to the filing of a lien claim. The owner or contractor must respond within five (5) days or risk losing important defenses in any legal action that follows.
Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?
New Mexico law does not provide or require specific notices from the property owner to contractors, subcontractors, or laborers, however, please see Notice of Non Responsibility, below.
Does this State require a notice prior to starting work, or after work has been completed?
No. New Mexico statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.
Does this State permit a person with an interest in property to deny responsibility for improvements?
Yes. A party providing labor or material for the improvement of property is entitled to a lien against that property, unless the owner or person having or claiming an interest in the property shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to the effect, in some conspicuous place upon said land, or upon the building or other improvement situated thereon.
Is a notice attesting to the satisfaction of a lien provided for or required?
No. New Mexico statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.
By what method does the law of this State permit the release of a lien?
The owner of any building, mining claim, improvement or structure subject to a lien under Sections 48-2-1 through 48-2-17 NMSA 1978 may petition the district court for the county in which the property or a part thereof is located for an order cancelling the lien.
Sorry, this device is not supported
Please open this page on your desktop computer.