Section 48-5A-3 - Petition to cancel lien; security. - New Mexico Statutes

48-5A-3. Petition to cancel lien; security.

A.     The owner of any crop subject to a harvester's lien may petition the district court in the county in which the crop was grown for an order canceling the lien.   

B.     Upon a filing of a petition, 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 attorneys' fees which may be recovered by the lien claimant.  Security, in an amount set by the judge and of a type approved by him, shall be deposited by the owner of the crop with the district court conditioned on the payment of any sum found to be validly due the lien claimant.   

C.     When the security is deposited, the district court shall immediately issue an order canceling the lien and shall notify the county clerk with whom the lien was filed.  Upon the recording of the order, the county clerk shall mark the filed lien canceled.  When an order is issued pursuant to this subsection, the claimant's lien attaches to the security.