Section 7-38-48 - Property taxes are a lien against real property from January 1; priorities; continuance of taxing process. - New Mexico Statutes

7-38-48. Property taxes are a lien against real property from January 1; priorities; continuance of taxing process.

A.     Except as provided in Subsection B of this section, taxes on real property are a lien against the real property from January 1 of the tax year for which the taxes are imposed. The lien runs in favor of the state and secures the payment of taxes on the real property and any penalty and interest that become due. The lien continues until the taxes and any penalty and interest are paid. The lien created by this section is a first lien and paramount to any other interest in the property, perfected or unperfected. The annual taxing process provided for in the Property Tax Code [Articles 35 to 38 of Chapter 7 NMSA 1978] shall continue as to any particular property regardless of prior tax delinquencies or of pending protests, actions for refunds or other tax controversies involving the property, including a sale for delinquent taxes.   

B.     No lien is created pursuant to Subsection A of this section if:   

(1)     the tax otherwise creating the lien is not due for the current tax year or the immediately preceding property tax year;   

(2)     the tax otherwise creating the lien is the result of real estate improvements that were omitted from property tax schedules in a prior year and listed and billed pursuant to Section 7-38-76 NMSA 1978; and   

(3)     the current owner was not the owner at the time the improvements were omitted and had no actual notice that the improvements were omitted.