(A) The city may, in a single suit, foreclose the liens against all of the persons named in the notice of liens or against the property, if the owners are unknown. The complaint filed by the city shall:
(1) Expressly name each defendant, if known;
(2) Describe the property against which the lien is established; and
(3) Set forth the amount of the lien.
(B) The judgment or decree rendered in the cause shall be several against the named defendants and against the several properties for the amounts decreed to be due by each. A lien against real estate may be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed with like rights of redemption. A lien against personal property may be foreclosed in the same manner security interests are foreclosed. At the trial of any case foreclosing any lien, the recitals of the lien or other evidence of indebtedness shall be received in evidence as prima facie true. In the foreclosure of any lien created by municipal ordinance or under authority of law, a reasonable attorney’s fee shall be taxed by the court as part of the costs.
(1981 Code, § 23-8) (Ord. 615, passed 4-30-1973)
Statutory reference:
Similar provisions, see NMSA § 3-36-4