New Mexico Statutes
§ 48-3-23 — Possession; when lien shall not exist
New Mexico § 48-3-23
This text of New Mexico § 48-3-23 (Possession; when lien shall not exist) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.M. Stat. Ann. § 48-3-23 (2026).
Text
The possession required under this act [48-3-22 to 48-3-27 NMSA 1978] shall be physical custody. No lien shall exist where: A. the article has not been delivered to the physical custody of the person or firm claiming the lien; B. without fraud or false representation, the physical custody of the article has been surrendered by the person or firm performing the work or service; C. the person or firm performing the work or service has accepted collateral security for payment of the amount due.
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Legislative History
1941 Comp., § 63-318, enacted by Laws 1953, ch. 125, § 2; 1953 Comp., §
Nearby Sections
15
§ 48-1-1
Federal lien; place of filing§ 48-1-3
Duties of filing officer§ 48-1-4
Repealed§ 48-1-5
Uniformity of interpretation§ 48-1-6
Short title§ 48-10-1
Short title§ 48-10-11
Notice of trustee's sale§ 48-10-14
Payment of bid; trustee's deed§ 48-10-15
Disposition of proceeds of sale§ 48-10-16
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Bluebook (online)
New Mexico § 48-3-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/48/48-3-23.