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NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-38-48

7-38-48

Official textnmonesource.comlast amended

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 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.

Amendment history

1953 Comp., § 72-31-48, enacted by Laws 1973, ch. 258, § 88; 1974, ch. 92, § 18; 2003, ch. 95, § 3.

Source: official source (NMSA chapter on nmonesource.com)

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In this article (40 sections)
  1. 7-38-34 · 7-38-34
  2. 7-38-35 · Preparation of property tax schedule by assessor
  3. 7-38-36 · Preparation and mailing of property tax bills
  4. 7-38-36.1 · 7-38-36.1
  5. 7-38-36.2 · 7-38-36.2
  6. 7-38-37 · Contents of property tax bill
  7. 7-38-38 · 7-38-38
  8. 7-38-38.1 · 7-38-38.1
  9. 7-38-38.2 · 7-38-38.2
  10. 7-38-38.3 · 7-38-38.3
  11. 7-38-39 · Protesting values; claim for refund
  12. 7-38-40 · Claims for refund; civil action
  13. 7-38-41 · Protested property taxes; suspense fund; refunds; interest
  14. 7-38-42 · 7-38-42
  15. 7-38-43 · 7-38-43
  16. 7-38-44 · 7-38-44
  17. 7-38-44.1 · 7-38-44.1
  18. 7-38-45 · 7-38-45
  19. 7-38-46 · Delinquent property taxes
  20. 7-38-47 · 7-38-47
  21. 7-38-48 · 7-38-48
  22. 7-38-49 · Unpaid property taxes; imposition of interest
  23. 7-38-50 · Delinquent taxes; civil penalties
  24. 7-38-51 · 7-38-51
  25. 7-38-52 · 7-38-52
  26. 7-38-53 · 7-38-53
  27. 7-38-54 · Demand warrant; contents
  28. 7-38-55 · Surrender of personal property; penalty for refusal
  29. 7-38-56 · Release of personal property seized
  30. 7-38-57 · Notice of sale of personal property
  31. 7-38-58 · Personal property sale requirements
  32. 7-38-59 · Certificates of sale; effect of certificates of sale
  33. 7-38-60 · Notification to property owner of delinquent taxes
  34. 7-38-61 · 7-38-61
  35. 7-38-62 · 7-38-62
  36. 7-38-63 · 7-38-63
  37. 7-38-64 · Repealed
  38. 7-38-65 · 7-38-65
  39. 7-38-66 · Sale of real property for delinquent taxes; notice of sale
  40. 7-38-67 · Real property sale requirements
Full table of contents →