Real Estate Deeds

New Mexico Quit Claim Deed

Conveyances by quitclaim must be signed by the grantor or his legal agent (NMSA 47-15). A county recorder in New Mexico will not accept a quitclaim deed unless it has been notarized by someone authorized to perform notarial acts pursuant to the Notary Public Act (NMSA 14-8-4). The marital status of the grantor should be indicated in the words of conveyance on the quitclaim deed, as well as the consideration paid, the grantee's name and address, and a legal description of the real property (47-1-44). The legal description can also be provided by referencing a previous instrument of record (NMSA 47-1-146). The statutory forms provide for a quitclaim deed to one grantee and a quitclaim deed to joint tenants. Statutory forms can also be altered according to the circumstances of transactions.

The Recording Chapter, section 9-1 of the New Mexico Annotated Statutes states that a quitclaim deed should be recorded in the county clerk's office in the county where the property is located. Recording a quitclaim deed gives constructive notice of the existence and content of the instrument (14-9-2). If left unrecorded, a quitclaim deed is binding only between the parties to the deed. An unrecorded quitclaim deed will have no effect on the title or rights to real estate of a purchaser, mortgagee in good faith, or judgment lien creditor, without knowledge of the existence of an unrecorded instrument. Possession alone based on an unrecorded real estate contract shall not be construed against any subsequent purchaser, mortgagee in good faith, or judgment lien creditor either to impute knowledge of or impose the duty to inquire about the possession or the provisions of the instruments (14-9-3). New Mexico Quit Claim Deed Forms Have Been Updated as Recently as Wednesday June 6, 2018