What Is a New Mexico Quitclaim Deed?
A New Mexico quitclaim deed is a legal document used to transfer ownership interest in real estate from one person to another without any warranties about the title. This means that the grantor does not promise that they own the property or that the title is clear. This is why quitclaim deeds are often used between people who trust each other, such as family members.
If filled out and recorded correctly, it transfers whatever interest the grantor owns, if any. That interest may be fee simple, which means full ownership of the property. Fee simple ownership allows the owner to sell the property, give it away, or leave it to heirs. However, New Mexico law does not require the grantor to prove ownership when using a quitclaim deed under NM Stat § 47-1-30.
New Mexico Quitclaim Deed Requirements
New Mexico law sets specific rules for creating a valid quitclaim deed. Following these requirements helps ensure the deed can be recorded, and the transfer goes through.
Information The Deed Should Include
A New Mexico quitclaim deed should include the following details:
- The full legal name and address of the grantor (the person transferring the property).
- The full legal name of the grantee (the person receiving the property).
- A legal description of the property.
- A statement showing the grantor’s interest in transferring their interest.
- A return mailing address for the recorded deed.
Property Description Details
Note that a New Mexico quitclaim deed must include a legal property description, not just a street address. This description is often taken from the most recent recorded deed. An accurate legal description helps ensure the deed can be recorded without issues.
Signing and Notarization
As per NM Stat § 47-1-5, the grantor must sign the quitclaim deed to transfer their interest in the property. If there are multiple grantors, each one must sign. To be recorded, a quitclaim deed must be signed in front of a notary public and properly acknowledged. Without proper notarization, the county clerk may reject the deed (NM Stat § 14-8-4).
Signing with a Power of Attorney
If someone signs the quitclaim deed on the owner’s behalf, they must have a valid power of attorney that authorizes the transfer of real estate. Under NM Stat § 47-1-7, a power of attorney used to convey real estate must be acknowledged and recorded in the same way as other real estate instruments.
Sample New Mexico Quitclaim Deed
Take a look at a sample New Mexico quitclaim deed form below to see what details are typically included. Once you’re ready, use Legal Templates’s step-by-step questionnaire to fill out and download your form in PDF or Word format.
How to File a Quitclaim Deed Form in New Mexico
Here are a few simple steps you’d need to follow to file your New Mexico quitclaim deed with the county clerk.
Step 1 – Get the Legal Description and Prior Deed
Start by finding the most recent recorded deed for the property. You can usually get a copy from the county clerk’s office where the property is located. Use that deed to copy the legal description of the property (NM Stat § 47-1-46).
Step 2 – Fill Out the New Mexico Quitclaim Deed Form
Complete the quitclaim deed form with accurate information. To save time, you can use a Legal Templates’s guided form to complete it quickly.
Step 3 – Sign In Front of a Notary
The grantor must sign the quitclaim form in the presence of a notary public. The notary will verify the signer’s identity and acknowledge the signature.
Step 4 – Record the Deed With the County Clerk
Once notarization is complete, record the quitclaim deed with the county clerk’s office in the county where the property is located (NM Stat § 14-9-1).
New Mexico Quitclaim Deed Costs and Fees
New Mexico charges a $25 recording fee to file a quitclaim deed with the county clerk. This fee is set by the state law under (NM Stat § 14-8-15). Additional fees may apply if the deed includes more than ten indexing entries, such as multiple grantors or grantees.
Moreover, county clerks often charge extra for copies or certified copies. These fees may vary by county, so be sure to check with your county clerk’s office where the deed is being recorded to get the updated rates.
How to Fix Errors on a Recorded Quitclaim Deed in New Mexico
Minor clerical mistakes, such as typos in names or missing words, may be corrected using a scrivener’s error affidavit under NM Stat § 47-1-57. Bigger mistakes, like changing the property description or the parties involved, usually require a new corrective deed to be signed, notarized, and recorded.
What to Do After Recording a New Mexico Quitclaim Deed
Keep a copy of the recorded quitclaim deed for your records. You may need it to prove ownership or update property records later. Some transfers also require that you file a Residential Property Transfer Declaration Affidavit with a county assessor. Under NM Stat § 7-38-12.1, a transfer of interest in residential property for property tax purposes generally requires the affidavit to be filed within 30 days of the transfer.
