A New Mexico mechanics lien release bond is a quick, helpful remedy to removing or "bonding off" a lien placed by contractor or design professional. A property owner or person with interest must move the district court of the county in which the project is located. The court will docket a hearing to determine the amount owed under the lien, miscellaneous damages if any, court costs, and attorney’s fees that may later become part of a judgment. Upon approval, the petitioner may then file the New Mexico lien discharge bond.
While the prevailing statute establishes that the court may exercise discretion in the setting of bond, generally the amount must be one and one half times (150%) of the amount of the claim of lien. Pursuant to N.M. §48-2-9, "(A), Upon the filing of a petition for reliefe the district court judge shall examine the lien claimant’s recorded demands and determine an amount sufficient to satisfy the recorded demands and any other damages, court costs or attorney fees that may be recovered by the lien claimant. Upon approval and fixing of the New Mexico lien discharge bond amount, the owner of the liened property or original contractor must file the surety bond with the district court conditioned on the payment of any sum found to be validly due to the lienholder. Upon bond filing the district court must immediately issue an order canceling the lien and notify the county clerk with whom the lien was filed. The county clerk must then cancel the lien.
When an order is issued by the court pursuant to this statute, lien attaches to the bonding company and is enforceable against the surety in that same district court to the same extent as any other lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978.
New Mexico surety bond leader, Surety One, Inc. is THE most agile underwriter of lien release bonds. Our expertise in drafting surety bonds acceptable to the district courts, same day bond execution and delivery are unparalleled. We underwrite mechanic's lien discharge bonds in all fifty states, Puerto Rico and U.S. Virgin Islands. Call (800) 373-2804, email Underwriting@SuretyOne.com or click here for a live chat for application materials and assistance with yourNew Mexico mechanic's lien release bond or any other surety need.
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