Section 48-3-23 - Possession; when lien shall not exist.
48-3-23. Possession; when lien shall not exist.
The possession required under this act [48-3-22 to 48-3-27 NMSA 1978] shall be physical custody. No lien shall exist where:
A. the article has not been delivered to the physical custody of the person or firm claiming the lien;
B. without fraud or false representation, the physical custody of the article has been surrendered by the person or firm performing the work or service;
C. the person or firm performing the work or service has accepted collateral security for payment of the amount due.