Real Estate Deeds

New Mexico Special Warranty Deed

A special warranty deed can be used in New Mexico for a conveyance of real property. The words "special warranty covenants" will have the following effect in a conveyance of real property: the grantor covenants to the grantee that the granted premises are free from all encumbrances made by the grantor, and that he will warrant and defend the same to the grantee forever against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other (47-1-38). The statutory form for a special warranty deed appears in 47-1-44 of the New Mexico Annotated Statutes and is sufficient for the purpose of a special warranty deed. The form may be altered as circumstances require, and the authorization of a statutory form does not prevent the use of other forms.

As a prerequisite to recording, a special warranty deed must be signed and acknowledged by the grantor or by his legal agent or attorney (47-1-5). If a special warranty deed has not been duly acknowledged it cannot be filed and recorded. Any person empowered to perform notary acts pursuant to the Notary Public Act or the Uniform Law on Notarial Acts is able to acknowledge a special warranty deed, whether such authorized official is in New Mexico or in another state (14-8-4). The deed, once acknowledged, should have a certificate of acknowledgment attached that has been signed and dated by the notarial officer (14-4-7).

In order to provide constructive notice of the existence and contents of an special warranty deed, the instrument must be recorded in the office of the county clerk in the county or counties where the property subject to the deed is located. Such notice will be given from the time of recording (14-9-2). An deed that has not been recorded will have no effect on the title or rights to, in any real estate, of any purchaser, mortgagee in good faith, or judgment lien creditor, without knowledge of the existence of such unrecorded instruments (14-9-3). New Mexico Special Warranty Deed Forms Have Been Updated as Recently as Wednesday June 6, 2018