New Mexico Motion to Avoid Judicial Lien

State:
New Mexico
Control #:
NM-SKU-0056
Format:
Word
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Description

Motion to Avoid Judicial Lien

New Mexico Motion to Avoid Judicial Lien is a motion filed with the court by a debtor to prevent a creditor from obtaining a lien on the debtor’s real property. The motion can be used to avoid liens created by judgment, mortgage, deed of trust, or other lien. The debtor must show that the lien is invalid, that it was created without the debtor’s knowledge or consent, or that the lien is unfair and unjust. There are two types of New Mexico Motion to Avoid Judicial Lien: Motion to Avoid Judicial Lien on Real Property and Motion to Avoid Judicial Lien on Personal Property. Both motions must include specific information regarding the debtor and the lien, including the date of the lien, the amount of the lien, the name of the creditor, and a description of the property that is subject to the lien.

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FAQ

Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.

One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.

A judgment lien lasts for ten years. ing to Section 52.001 of the Texas Property Code, a judgment lien cannot attach to any real property that is exempt from seizure or forced sale under Chapter 41 of the Texas Property Code.

How long does a judgment lien last in New Mexico? A judgment lien in New Mexico will remain attached to the debtor's property (even if the property changes hands) for 14 years.

Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.

Where to file your lien claim. New Mexico mechanics liens are perfected by filing the claim in the county clerk's office where the property is physically located. If the property is situated in more than one county, the claim should be filed in the clerk's office of all counties it is located in.

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New Mexico Motion to Avoid Judicial Lien