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New Mexico Deed Forms – Quit Claim, Warranty, and Special Warranty

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The New Mexico deeds are used to legally convey real estate between people in New Mexico. In order to transfer property, with a deed, you will need the names of the seller, or grantor, the names of the buyer, or grantee, the legal description of the property and an acknowledgment by a notary public. The legal description of the property is found in the previous deed transferring the property – it is not the street address. It is what was used to describe the property when it was first sold or divided. Once the deed is signed and notarized, it must be brought to the local county clerk for recording.

LawsChapter 47, Article 1 (Conveyances and General Provisions)

Recording – All deeds must be recorded at the County Clerk’s Office in the jurisdiction of where the property is located.

Signing (Section 47-1-44) – All deeds that are to be processed in the State of New Mexico must be signed with a Notary Public present at the time of authorization by the Grantor(s).

Deed Types

General Warranty – A general warranty deed is a deed that is used to convey property from a grantor to a grantee with a guarantee attached from the grantor that the grantor has lawful title to the property and that he or she can legally sell the property. In addition, he or she is guaranteeing that there are no other claims to the property.

Quit Claim – A quit claim deed also transfers property, but it does not come with a warranty. The grantor in a quit claim is merely selling any claim he has to the property – which may be no claim. These deeds are often used between family members or close corporations.

Special Warranty – A special warranty is in between a quit claim and a general warranty. It comes with a warranty, but the warranty is limited to grantor’s ownership of the property. In other words, the grantor warrants that he did not encumber the property while he owned it, but he doesn’t guarantee what previous owners may or may not have done.

New Mexico Property Search

A property search, or title search is performed by the buyer in order to find out the transaction history of the property and to find any hidden transfers of interest or other encumbrances. In New Mexico, you have to go to the County Clerk in the County in Which the Property is Located in order to perform a title search.

The following is a brief description of what you will need to do:

Step 1 – Go to the county clerk’s office in the county in which the property is located and ask for the land records department.

Step 2 – Make sure you have the grantor’s name. You will want to ask how they have their records setup.

Step 3 – Using the grantor’s name, look for the deed that transferred the property to the grantor as grantee. You will then have the name of that grantor. Using that grantor’s name, search for the deed that transferred the property to him as grantee. You will want to make copies of each deed going back at most, 50 years.

Step 4 – Once you have gone back 50 years, you will want to come forward to the present, using each grantor’s name. In this manner, you should see all conveyances of the property. You should also be able to see if there are any undischarged mortgages and the like. You will want to check the descriptions of the property in each deed to make sure the property wasn’t divided.

Step 5 – Find out from the county clerk where they keep the liens documents. You will also want to make sure there aren’t any liens on the property. This is sometimes filed with the land records and not separately.

Example Search (Bernalillo County)

Step 1 – Go to the Bernalillo County Property Search Webpage and have either the Property Address or the Parcel ID.

bernalillo-county-nm-property-search

Step 2 – On the next page select from the list of matching properties.

select-from-the-list-of-matching-properties

Step 3 – After selecting the property that you queried you will be able to view any and all real estate information necessary in order to complete your deed such as the Parcel ID & Legal Description.

sample-property-description-information-new-mexico

 


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