Updated April 12, 2024
A New Mexico special warranty deed is a legal document used to convey real estate in New Mexico. The deed must include the name of the grantor and the grantee as well as a legal description of the property. The deed must be recorded with the county clerk’s office in the county where the property is located. A special warranty includes a guarantee from the grantor that there are no hidden interests or encumbrances on the property that arose while he or she owned the property. Unlike a general warranty deed, there is no guarantee as to what previous owners did or did not do.
Laws – Chapter 47 (Property Law), Article 1 – Conveyances and General Provisions
Statutory Form – N. M. S. A. 1978, § 47-1-44(5)
Recording – Submit to the County Recorder’s Office for proper recording.[1]
Signing – The Grantor (“Seller”) must sign before a Notary Public.[2]
How to Write
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I. Return Instruction For Filed Material
(1) Authorized New Mexico Filing Recipient. Identify the New Mexico Filing Recipient. This shall be the Individual or Entity who this document authorizes to the New Mexico County Recorders Office to release it to upon a successful filing process.
II. New Mexico Grantor
(2) New Mexico Grantor Name. The identity of every Property Owner participating in the property transfer being discussed will need to sign his or her name to release the property in question. However, this signature process can only be conducted by the Property Owners that are attached to the Grantor role in the first statement. If more room is required then additional space may be inserted or the New Mexico Grantors may be listed as an attachment.
III. New Mexico Grantee
(3) New Mexico Grantee Name. The complete name of the Buyer of the Grantor’s New Mexico real property should be furnished along with his or her complete address. Only the New Mexico Grantee that is identified with his or her legal name and residential address in this statement may utilize this document to assume ownership over the New Mexico real property.
IV. New Mexico Property
(4) New Mexico County Of Real Property. Name the New Mexico County where the real estate (real property) is located.
(5) Legal Description Of New Mexico Property. The New Mexico property that was purchased and must now be released to the Grantee must be described. To this end, dispense its physical address and the legal description currently on record with the New Mexico County Recorder’s Office to the space provided.
(6) Relevant Years. As mentioned earlier this conveyance shall only apply to the level of ownership possessed by the New Mexico Grantor releases. This also applies to any encumbrances that are attached to the real property and caused by the Grantor. Therefore, a record of the years that the Grantor owed the property will be necessary to transfer such ownership. Furnish the first and last year of ownership the New Mexico Grantor possessed over the concerned real estate to the available space.
V. Notarized New Mexico Grantor Execution
(7) Date Of New Mexico Conveyance. The New Mexico Grantor must establish the calendar date of this document’s effective date as the day he or she formally releases the New Mexico real property to the Grantee. Therefore, before he or she signs this declaration, the date of his or her signature must be submitted.
(8) New Mexico Grantor Signature. As mentioned, the New Mexico Grantor must sign his or her name before a qualified Notary Public. When these two Parties have gathered, the Notary Public will instruct the New Mexico Grantor to sign this document.
(9) Seal. As part of the notary process, the Notary Public will display his or her seal. Only the Notary Public in attendance for the New Mexico Grantor signing will have the credentials to prove his or her presence and the notarization process by seal.
(10) New Mexico Notarization Requirement. Notice that several facts will require a report from the Notary Public (ranging from the location of the signing to the Parties before him or her). Only the Notary Public may complete this area. Once he or she has done so, this declaration will be released to the possession of the Grantor so that it may be properly filed with the appropriate New Mexico County Recorder’s Office.
