Section 48-1A-3 - Definitions. - New Mexico Statutes

48-1A-3. Definitions.

As used in the Lien Protection Efficiency Act:   

A.     "court" means:   

(1)     a court created by the constitution of the United States or pursuant to federal law, including the United States supreme court, the United States courts of appeals, the United States district or administrative courts or other federal courts of inferior jurisdiction, but does not include administrative adjudicative bodies;   

(2)     a court created by the constitution of New Mexico or pursuant to New Mexico law, including the supreme court, the court of appeals, district courts, magistrate courts, metropolitan courts and municipal courts, but does not include administrative adjudicative bodies; and   

(3)     a court comparable to any of those listed in Paragraph (2) of this subsection that is created by the constitution of another state or pursuant to the state law of another state;   

B.     "federal official or employee" means an appointed or elected official or an employee of a federal agency, board, commission or department in a branch of the federal government;   

C.     "filing officer" means the secretary of state; the clerk of a county or court; or a state, local or federal official or employee authorized by law to accept for filing as a public record a lien, deed, instrument, judgment or other document, whether paper, electronic or in another form;   

D.     "lien" means an encumbrance on property as security for the payment of a debt;   

E.     "nonconsensual common law lien" means a document, regardless of self-description, that purports to assert a lien against the assets, real or personal, of a person that:   

(1)     is not expressly provided for by a specific state or federal statute;   

(2)     does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; or   

(3)     is not an equitable or constructive lien imposed by a court of competent jurisdiction; and   

F.     "state or local official or employee" means an appointed or elected official or an employee of a state agency, board, commission, department in any branch of state government, or state institution of higher education, or a school district, political subdivision or unit of local government of this state.