How do I claim the balance from a storage auction sale?

Full question:

Exactly what steps do I take to claim the balance of the sale of the contents of self serve storage facility which was sold at an auction?

• Category: Abandoned Property
• Subcategory: Abandoned Property Self Storage
• Date: 04/07/2025
• State: New Mexico

Answer:

The owner of the storage facility must provide the balance from the sale to the occupant to satisfy a lien. If the occupant does not claim the balance within two years, it is forfeited. If the owner fails to deliver the balance after a demand from the occupant, the occupant may need to file a complaint in court to recover the amount owed.

Before taking legal action, the occupant should send a dated letter, preferably by certified mail, requesting the balance. The letter should include an expected date of receipt and the delivery address. If the owner does not comply, the occupant can file a complaint in small claims court or civil court for money damages.

According to New Mexico law (N.M. Stat. § 48-11-7), the process for enforcing a lien includes several steps:

1. After five days of continuous default, the owner may deny access to the storage unit.
2. After thirty days of continuous default, the owner can remove the personal property to a safe place, provided they have sent a notice of intent to enforce the lien to the occupant's last known address.
3. Any sale of property cannot occur until the occupant has been in default for ninety days.

The notice of intent must include:

1. An itemized statement of the owner's claim, including the amount due and when it became due.
2. A general description of the personal property subject to the lien.
3. Contact information for the owner or their agent.
4. A demand for payment within at least fifteen days.
5. A statement that the property will be sold if the claim is not paid.

All notices must be sent by certified mail. After the notice period, the owner must advertise the sale in a local newspaper for two consecutive weeks, or post notices in the area if no newspaper is available. The sale must occur at least fifteen days after the first advertisement.

Any sale must follow the terms outlined in the notice. The occupant can redeem their property by paying the amount due before the sale. If the sale occurs, the owner can satisfy their lien from the proceeds, and any remaining balance must be held for the occupant or lienholder. If the balance is not claimed within two years, it becomes the owner's property without further recourse (N.M. Stat. § 48-11-7).