What action must a laborer take before filing a lien?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A laborer must create a preliminary written notice before filing a lien to ensure that the property owner and relevant parties are informed of the laborer’s interest in the property. This notice serves to alert the property owner that the laborer is claiming a right to a lien due to unpaid work or materials provided. By giving this preliminary notice, the laborer establishes their intention to protect their rights regarding payment and provides the property owner an opportunity to address any payment issues before a formal lien is recorded. This step is critical as it helps to clarify the laborer’s position and potential claims in relation to the property in question.

The other actions mentioned, such as notifying the property owner or submitting a request for payment, do not meet the specific legal requirements necessary for the filing of a lien, which is primarily regulatory in nature and requires that the preliminary notice be created and served for the lien rights to be enforceable.

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