In the state of New Mexico (NM), a quitclaim deed is used to provide fast, efficient transfer of ownership or interest in a property from one party to the next. A New Mexico quitclaim deed transfers property without any guarantees, including title guarantees or a guarantee that the seller (grantor) has the right to transfer the property.
Because of the risk of a quitclaim deed in New Mexico, it is best done when both parties trust each other. An alternative is a warranty deed. The warranty deed takes longer to file but provides title guarantees. Sometimes people call quitclaim deeds “quit claims deeds,” “quit claim deeds,” or “quick claim deeds,” but these are incorrect terms for the same property transfer tool.
Important Laws & Requirements
Signing: § 47-1-44 requires that a New Mexico quitclaim deed be signed in the presence of a notary public.
Recording: The County Clerk’s Office records quitclaim deeds in New Mexico. They also charge filing fees that must be paid for the deed to go on record and be made legally binding.
How to Write & File a Quitclaim Deed in New Mexico
Step 1: Find and download the New Mexico quitclaim deed.
Step 2: On the left-hand side of the header, add the name and address of the person preparing the document. Leave the header on the right-hand side blank, as this part is for the County Clerk to use.
Step 3: List a name and a valid mailing address for the recipient of the final documents. This is under the words “After Recording Return To.”
Step 4: Name the county where the property is located.
Step 5: The next paragraph starts with the money total paid for the property. First, write the amount in word form. Then, write the dollar figure numerically.
Step 6: After “in hand paid to,” write the grantor’s full legal name. After that, write the word “Grantor.”
Step 7: Record the grantor’s address, county, city, and state, in that order, after the words “residing at.”
Step 8: Write the buyer’s (grantee’s) name, followed by the word “grantee” and the grantee’s address.
Step 9: After “New Mexico to-wit,” describe the property. The legal description includes the property’s address, parcel ID number, tax number, and other identifying features. You can add an attachment if needed. This information completes the first page.
Step 10: On the next page, the grantor signs and adds their printed name and address. This needs to be done with a notary public present. The notary will notarize the form on the same page.
Step 11: Contact the County Clerk’s Office in the property’s county to learn about any fees associated with the filing. Bring the signed and notarized New Mexico quitclaim deed, along with the fee, to the County Clerk’s Office for filing.