Legal Question in Real Estate Law in New Mexico

fraudulent lien placed on my property

hi all-

i have a question: a business in

town, which neither i nor my

husband have ever done business

with (nor ever heard of before),

placed a lien on our house. it is

completely fraudulent; apparently my

husband shares the same first and

last name (but different middle

initial) as the person that the

business was looking for...but it

appears that they just went down to

the clerk and looked for any

expensive property that they could

go after. i have called the business

many times to tell them they have

the wrong person and no one will

give me any help or information

(other than they were looking for

same first/last name). i found out

about this because we were trying to

refi our house.

this seems like it must be illegal--it is

completely bogus and halted our refi

for now. is there any recourse for

us?

thank you!


Asked on 5/01/09, 9:35 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: fraudulent lien placed on my property

Such action is indeed illegal under NM law. The law provides a $5,000 penalty for failure to remove an invalid lien. Send the lien filer a certified letter demanding that the lien be released by a date certain or you will take it to court. Check with the County Clerk to see that it is. If it is not, consult legal counsel about filing suit to have the lien removed and recovering your damages, civil fine and court costs.

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Answered on 5/01/09, 9:46 pm


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