AGRICULTURAL LIENS
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New Mexico Secretary of State Central Filing System for Agricultural Liens |
The New Mexico Farm Products Central Filing System is a statewide filing system which permits the registration of a security interest in farm products by filing an Effective Financing Statement with the Office of the Secretary of State. The intent of the legislature was to adopt a central filing system for security interests relating to farm products pursuant to Section 1324 of the Food Security Act of 1985, Public Law 99-198. It was also the intent of the legislature that upon adoption of the central filing system, security interest holders be encouraged to use such system in lieu of any other notice provided by Section 1324 of the Food Security Act of 1985 for farm products used or produced in New Mexico which are included in the central filing system.
Businesses or Persons affected by the Central Filing System:
A. BUYER - Person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products.
B. LENDER - Persons or Businesses who use farm products to secure loans for those involved in farming operations.
C. PRODUCER - Persons or Businesses engaged in agricultural farming operations.
Forms for filing an effective financing filing may be obtained by contacting the following:
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Valliant Printing |
Wolters Kluwer |
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Post Office Box 2127 |
6815 Sankview |
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Albuquerque, New Mexico 87103 |
St. Cloud, MN 56301 |
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(505)247-4175 |
1-800-552-9410 |
325 Don Gaspar - Suite 300
Santa Fe, NM 87501
FEES
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Effective financing filings Non-Standard form Attachments |
$11.50 $3.00 (ADDITIONAL) .50 each |
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Continuation for EFS Amendment for EFS |
$11.50 $11.50 |
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Terminations Agricultural searches per debtor name - verbal and written Requests |
$11.50 $15.00 |
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Buyer Annual Registration Fee |
$30.00 |
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Regular - Farm Product List - Paper |
$300.00 (per report) |
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Regular - Farm Product List - CD |
$150.00 (per report) |
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Special Farm Product List - Paper |
$150.00 (per report) |
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Special Farm Product List - CD |
$150.00 (per report) |
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Master - Paper or CD |
$300.00 |
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These fees are pursuant to NMSA 56-13-6. |
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EFS FAQ’S
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Where may I obtain forms to file for a Buyers Registration Effective Financing System? |
Forms may be obtained from the Office of the Secretary of State. Please call 505.800-477-3632 ext.3609. You may also make a written request. |
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May I obtain the last quarters Buyers List? |
If a registrant registers before the ten (10) days preceding the end of a quarter. The fee paid will also include a charge for the most current quarterly listing for the product(s) requested. |
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Where may I obtain Effective Financing Systems (EFS) forms for new filings (EFS1), amendments(EFS2), continuation and termination (EFS3)forms? |
The Secretary of State does not provide these forms, however you may contact Valliant Printing at 505.247.4175, or Wolters Kluwer at 1.800.552.9410.
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May I use a non-standard form to file an EFS? |
You may use a non-standard form, however there is an additional $3.00 non-standard filing fee. 56-13-6 (B)NMSA |
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What information is needed to file an amendment to an EFS? |
Debtor(s) name, address and Social Security Number or Tax ID number, secured party's name, complete address, product codes and product name and signatures for debtor and secured party. 56-13-6(A)NMSA |
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Does the debtor(s) need to sign a continuation filing or a termination filing? |
No, only new filings or amendments need to have a debtor's signature. All filings must have a secured parties signature. 56-13-3(H)(5) NMSA |
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Is there a grace period for EFS filings? |
No, all filings terminate (5) years on the day from the original file date. 56-13-7NMSA,56-13-8(A)NMSA |
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When may I file a EFS continuation? |
Continuations may be filed (6) six months prior to the lapse date of the original filing. 56-13-3 (H)(6) NMSA |
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What is the procedure for obtaining a debtor lien search? |
Requests for a debtor's lien search may be made by: 1. verbal request (505)827.3609, Monday through Friday, with the exception of official state holidays, between the hours of 8:30 am to noon and 1:30 p.m. to 4:00 p.m. (Mountain time). 2. written request or; 3. faxing your request to (505)827.3611 There is a $15.00 fee for each debtor(s) name search. 56-13-9 (A)NMSA |