Fill Out a Valid Nm Lien Template

1. What is the purpose of the New Mexico Mechanic's or Landowner's Lien Notice (MVD-10058)?

   The purpose of the New Mexico Mechanic's or Landowner's Lien Notice, form MVD-10058, is to formally notify the registered owner, any lienholders, and other interested parties that the issuing party (mechanic or landowner) is claiming a lien against a vehicle for unpaid charges related to storage, towing, labor, parts, or other related services. This form is a necessary step in securing the lien under New Mexico law, enabling the claimant to eventually sell the vehicle at public auction if the debt is not satisfied.

2. Who should receive a completed New Mexico Lien Notice?

   A completed New Mexico Lien Notice should be sent to the vehicle's registered owner, any known lienholder(s), and any other interested parties once the account related to the vehicle becomes due and payable. This ensures all parties are aware of the claimant's intention to enforce a lien against the vehicle.

3. Is a New Mexico Lien Notice required if there's no record of the vehicle in the licensing jurisdiction?

   Yes, even if the licensing jurisdiction where the vehicle was last registered returns a "NO RECORD" verification, the lien claimant must still complete and issue the New Mexico Lien Notice. This step is crucial to establish the lien legally, regardless of the vehicle’s current registration status.

4. What information must be included in the notice?

   The New Mexico Lien Notice must include detailed information about the vehicle, such as its year, make, model, type, state registered, engine number (if applicable), vehicle identification number (VIN), and license plate number. Additionally, it should specify the nature of the lien (landowner's storage or mechanic's services), a detailed account of the charges, the period during which the services were provided, and the daily rate at which storage fees accumulate. It must also include a warning about the accumulation of storage fees and the claimant's contact information.

5. What happens if the debt is not paid within the specified period?

   If the debt outlined in the New Mexico Lien Notice is not paid within ten days from the receipt of the notice, the claimant has the right to advertise the vehicle for sale and may proceed to sell it at a public auction as provided by law to satisfy the outstanding debt.

6. Can storage fees exceed 50¢ per day?

   Storage fees may not exceed 50¢ per day unless the claimant is licensed as a vehicle storage yard. This regulation helps to prevent unfairly high storage fees from accumulating against the vehicle owner or interested parties.

7. What is the significance of the service period mentioned in the notice?

   The service period mentioned in the New Mexico Lien Notice, which outlines the first and last dates services were provided, is required to specify the timeframe during which the charges were accrued. It is critical for establishing the basis of the lien claim and calculating the total amount due.

8. What documentation must accompany the Lien Notice for vehicle sale?

   For a vehicle to be sold under a lien, the Lien Claimant must retain a copy of the notice to submit to the Motor Vehicle Division along with an Affidavit of Resale (Form 10059) when applicable. These documents are necessary to legally transfer ownership of the vehicle and satisfy the lien through the sale proceeds.

9. How should the lien claimant certify the notice?

   The lien claimant or their authorized agent must sign the New Mexico Lien Notice, thereby certifying that all information provided in the notice is true and correct to the best of their knowledge. If an agent is signing on behalf of the claimant, a power of attorney may be required to validate their authority.

10. Is there a deadline by which the lien must be filed with the Motor Vehicle Division?

    While the New Mexico Lien Notice itself does not specify a filing deadline with the Motor Vehicle Division, it is critical to follow any applicable state laws and regulations regarding the timing of such filings to ensure the lien is enforceable. Generally, it is advisable to file as soon as the lien becomes due and payable, and certainly before proceeding with the sale of the vehicle.

When completing the New Mexico (NM) Lien form, MVD-10058, several common mistakes can undermine the process of establishing a mechanic's or landowner's lien. Attention to detail and thoroughness are paramount. Here are five typical errors:

1. Not sending separate notices to all necessary parties, including the registered owner, lienholder (if any), and any other interested party, compromises the legal process. Each party's receipt of notice is crucial for the lien claim to proceed without dispute.

2. Failing to provide complete vehicle information such as the year, make, model, type, state registered, engine number (if applicable), vehicle identification number, and license plate number can lead to confusion or misidentification of the lien subject. This complete information establishes the specific vehicle subject to the lien.

3. Omitting an itemized list of charges for towing, labor, parts, and storage services, as well as not attaching a separate sheet when necessary for extensive listings, neglects to communicate the basis of the lien claim in detail. Clarity in itemizing services and associated costs justifies the lien amount and ensures transparency.

4. Incorrectly charging storage fees—or not specifying the daily accumulation rate—can not only alienate potential payment from the vehicle owner but also lead to legal challenges. It is essential to adhere to the statutory limit and clearly communicate the fee structure.

5. Inaccurate or incomplete dates of service undermine the legitimacy of the lien notice. It is critical to accurately reflect the period during which services were provided to avoid disputes about the lien's validity.

Carefully avoiding these mistakes can significantly increase the likelihood of a successful lien claim. It's important for lien claimants to review and verify the accuracy and completeness of all information on the NM Lien form before submission. Proper attention to these details can prevent unnecessary delays or legal complications in securing owed payments.

When completing or dealing with a Notice of Mechanic's or Landowner's Lien as outlined in the State of New Mexico Motor Vehicle Division form MVD-10058, several additional forms and documents may often be used to ensure a comprehensive and legally sound approach. These documents help in establishing the validity of the lien, notifying all interested parties appropriately, and fulfilling the subsequent legal requirements for the sale or disposal of the vehicle to recover owed amounts. Understanding each document's purpose is essential for anyone navigating through this process.

1. Affidavit of Resale (Form 10059): This affidavit is necessary when a vehicle must be sold to satisfy the debt. It confirms that the sale was conducted according to the law and provides a record for both the seller and the buying party.
2. Proof of Notification: Documentation or receipts showing that all parties (registered owner, lienholder, etc.) received the notice as required by law, ensuring the process is transparent and verifiable.
3. Recorded Delivery Receipts: Provides proof that the Notice of Mechanic's or Landowner's Lien was sent and received by the intended parties, crucial for establishing the timeline of events.
4. Lien Release Form: Used once the debt is paid in full to formally remove the lien from the vehicle, indicating no outstanding claims against it.
5. Bill of Sale: Required when the vehicle is sold, detailing the transaction between the seller and buyer, which is crucial for the new ownership registration.
6. Storage Fees Documentation: Itemized records of storage fees incurred over time, supporting the amount claimed on the lien.
7. Towing and Labor Receipts: Detailed accounts of the services provided that justify the mechanic's or landowner's claim, including labor, parts, and towing if applicable.
8. VIN (Vehicle Identification Number) Check Report: Offers a history of the vehicle, potentially including previous liens or claims, which is crucial for establishing the vehicle's legal standing.
9. Notice of Public Sale: Required document that announces the sale of the vehicle to the public to recover the owed amount, specifying the time and place of the auction.
10. Power of Attorney: May be required if the lien claimant authorizes another individual to act on their behalf in executing the sale or other transactions related to the lien process.

Recognizing and preparing these documents is crucial for anyone intending to enforce a Mechanic's or Landowner's Lien in New Mexico. Properly utilizing these forms ensures compliance with legal procedures and facilitates the efficient resolution of the claim. Whether one is seeking to enforce the lien or protect their interest in the vehicle, understanding these associated documents provides a solid foundation for navigating the legal landscape surrounding liens on vehicles.

The NM Lien form, also known as MVD-10058 REV. 12/02, from the State of New Mexico - Motor Vehicle Division, outlines a process for asserting a mechanic's or landowner's lien. This form bears similarities to other legal documents used for asserting rights or making claims. These similarities are particularly noted in structure, purpose, and the requirement for detailed information.

UCC-1 Financing Statement
This document is used in the context of securing interests in personal property. Like the NM Lien form, the UCC-1 Financing Statement requires specific details about the parties involved and the collateral (in the case of the NM Lien form, the vehicle). Both forms serve as public notice of a claim; the NM Lien for a mechanic's or storage services claim on a vehicle, and the UCC-1 for a secured interest in personal property. Each form must be filed with a government agency to become effective and to notify interested parties of the claimant's interest.

Notice of Federal Tax Lien
Similar to the NM Lien form, a Notice of Federal Tax Lien is filed by the Internal Revenue Service to alert creditors and other interested parties that the government has a legal right to a taxpayer's property. While the content and the purpose of these documents differ vastly – one concerning mechanic’s or landowner’s claims and the other federal taxes – both serve as public notifications that create a legal claim against property. They are means to ensure priority over other creditors in case of payment or asset liquidation.

Construction Lien
Like the NM Lien form, a Construction Lien (often called a Mechanic’s Lien, when filed by contractors or suppliers) is used to secure payment for services rendered or materials provided in the improvement of real property. Both documents require detailed descriptions of the service or materials provided, identification of the property (or vehicle, in the case of the NM Lien), and notice to the property owner. They must be filed within a specific period after the service is completed to maintain the claimant’s priority. This parallel ensures both forms are critical tools for securing payment for services or materials provided.

When filling out the NM Lien Form (MVD-10058 REV. 12/02) for the State of New Mexico - Motor Vehicle Division, here are some important things you should and shouldn't do:

• Do ensure that you complete a separate notice for the registered owner, lienholder (if applicable), and any other interested parties when the account becomes due and payable.
• Do provide accurate and complete information for each section of the form, including the name, address, and details of the vehicle.
• Do itemize the charges for the mechanic's towing, labor, parts, and storage services if applicable, and attach a separate sheet if necessary for additional details.
• Do clearly indicate the start and end dates of the service period provided by the lien claimant to ensure there is no ambiguity about the tenure of services rendered.
• Do not forget to send this notice within the appropriate time frame as specified by law to all necessary parties to ensure legal compliance.
• Do not charge more than 50¢ per day for storage unless you are licensed as a vehicle storage yard, as indicated on the form.
• Do certify that all the information given in the notice is true and correct by signing the form. If you are an authorized agent, you may need a Power of Attorney.
• Do not delay in proceeding with advertising the vehicle for sale and selling it as provided by law to satisfy the debt if the owed sum is not paid within ten (10) days from the receipt of this notice.

Following these guidelines will help ensure that the lien process is managed effectively and in accordance with New Mexico laws.

There are several misconceptions surrounding the New Mexico Lien Form (MVD-10058) that need to be clarified. Understanding these misconceptions is crucial for individuals seeking to use this form correctly.

• Misconception 1: A Single Notice Covers All Parties

  Each interested party requires a separate notice. This includes the registered owner, any lienholders, and other interested parties. One document does not suffice for all.

• Misconception 2: A "NO RECORD" Verification Stops the Lien Process

  Even if a "NO RECORD" verification is returned from the licensing jurisdiction, the lien claimant must still complete and send out the notice.

• Misconception 3: The Form Is Only for Mechanic's Liens

  The form covers both mechanic's and landowner's liens. It is versatile and can be used for claims related to storage services as well as towing, labor, parts, and storage services.

• Misconception 4: Storage Fees Have No Limit

  Storage fees can continue to accumulate, but they must not exceed 50¢ per day unless the facility is licensed as a vehicle storage yard. Understanding this cap is essential.

• Misconception 5: The Form Requires No Itemization

  For mechanic's services, a detailed itemization of towing, labor, parts, and storage services with attached separate sheets, if necessary, is required. This level of detail aids in transparency.

• Misconception 6: Immediate Auction Is Permitted

  Interested parties must be given a ten-day period from receipt of the notice to pay the sum owed before the lien claimant can advertise the vehicle for sale and proceed with an auction.

• Misconception 7: Anyone Can Claim a Lien

  The individual or entity filing the lien must have legitimately provided services or storage. This stipulation ensures that claims are lawful and valid.

• Misconception 8: The Form Is the Only Necessary Documentation

  Additional documentation, including an Affidavit of Resale (Form 10059), may be required when applicable. The lien claimant must keep a copy of the notice to submit with such documentation.

Addressing these misconceptions ensures that individuals understand the correct process and legal requirements for filing a lien in New Mexico. Awareness and adherence to these points can facilitate a smoother transaction for all parties involved.

When dealing with a New Mexico Lien form, particularly for a mechanic's or landowner's lien, it's crucial to grasp its purpose and requirements to ensure proper completion and use. Here are six key takeaways:

• Individual Notices Required: A separate notice must be sent to each relevant party once the account becomes past due. This includes the registered owner of the vehicle, any lienholders, and any other party with an interest in the vehicle.

• No Record Verification: If the licensing jurisdiction where the vehicle was last registered does not have a record of the vehicle, the lien claimant is still required to complete and send this notice. This ensures that all due diligence is performed in trying to notify interested parties.

• Specific Lien Details: The form asks for detailed information about the vehicle, the nature of the lien (whether for landowner's storage services or mechanic's services including towing, labor, parts, and storage), and the amounts due. Accurate and complete information is essential for the validity of the lien.

• Limited Storage Fees: There is a warning on the form regarding the accumulation of storage fees. Claimants are not permitted to charge more than 50 cents per day for storage unless they are licensed as a vehicle storage yard. This is an important regulation to ensure fairness and compliance with state laws.

• Payment Deadline and Action: Interested parties must be informed that if the due amount is not paid within ten days from the receipt of the notice, the claimant has the right to advertise and sell the vehicle at a public auction to satisfy the debt. This step is regulated by law and must follow specific procedures.

• Documentation and Certification: The claimant must sign the form, certifying that all information provided is true and correct. Furthermore, they are required to retain a copy of the notice to submit to the Motor Vehicle Division along with an Affidavit of Resale (Form 10059) when applicable. Proper documentation is crucial for legal compliance and protecting the rights of all parties involved.

Understanding these key points can significantly streamline the process of filing a lien in New Mexico, ensuring claimants proceed correctly and legally while also safeguarding the rights and responsibilities of all involved parties.