Bernalillo County Special Warranty Deed Form

Bernalillo County Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Bernalillo County Special Warranty Deed Guide
Line by line guide explaining every blank on the form.

Bernalillo County Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional New Mexico and Bernalillo County documents included at no extra charge:
Where to Record Your Documents
Bernalillo County Clerk
Albuquerque, New Mexico 87102-0542
Hours: 8:00am-5:00pm M-F
Phone: (505) 468-1290
Recording Tips for Bernalillo County:
- Ask if they accept credit cards - many offices are cash/check only
- Double-check legal descriptions match your existing deed
- Recording fees may differ from what's posted online - verify current rates
- Leave recording info boxes blank - the office fills these
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Bernalillo County
Properties in any of these areas use Bernalillo County forms:
- Albuquerque
- Cedar Crest
- Isleta
- Kirtland Afb
- Sandia Park
- Tijeras
Hours, fees, requirements, and more for Bernalillo County
How do I get my forms?
Forms are available for immediate download after payment. The Bernalillo County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Bernalillo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bernalillo County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Bernalillo County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Bernalillo County?
Recording fees in Bernalillo County vary. Contact the recorder's office at (505) 468-1290 for current fees.
Questions answered? Let's get started!
In New Mexico, real property can be transferred from one party to another by executing a special warranty deed. Special warranty deeds are statutory under NMSA 1978 Sections 47-1-31 and 47-1-44(5).
The statutory form includes the words "with special warranty covenants" (NMSA 1978 Section 47-1-44(5)). The words "special warranty covenants" carry implied covenants that the property is free from encumbrances made by the grantor (with the exception of any noted in the deed), and that the grantor, "and his heirs, executors, administrators, and successors shall warrant and defend" the title against lawful claims and demands of "all persons claiming by, through or under the grantor, but against none other" (NMSA 1978 Section 47-1-38). So, unlike a general warranty deed under 47-1-37, a special warranty deed only guarantees the title against claims that arose during the time the grantor held title to the property.
A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For New Mexico residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy, and community property. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly created in the conveyance (NMSA 1978 Section 47-1-15). A conveyance to a married couple is presumed to be community property, with some exceptions (NMSA 1978 Section 40-3-12).
As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. Finally, the document must meet all state and local recording standards. Note that because New Mexico is a nondisclosure state, certain types of personal information, including the consideration exchanged in a transfer of property, are withheld from public record.
Sign the deed in the presence of a notary public or other authorized official. Record the deed at the county clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment.
All transfers require a Real Property Transfer Declaration Affidavit, which details the sales information for the transfer. There are certain exceptions, such as an instrument delivered to establish a gift or a distribution, or an instrument pursuant to a court-ordered partition. If the transfer is exempt from the affidavit requirement, detail the reason why on the face of the deed. See NMSA 1978 Section 7-38-12.1(D) for a list of exemptions. This affidavit must be filed with the assessor's office within 30 days of the deed's recordation.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with any questions related to special warranty deeds or transfers of real property in New Mexico.
(New Mexico SWD Package includes form, guidelines, and completed example)
Important: Your property must be located in Bernalillo County to use these forms. Documents should be recorded at the office below.
This Special Warranty Deed meets all recording requirements specific to Bernalillo County.
Our Promise
The documents you receive here will meet, or exceed, the Bernalillo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Bernalillo County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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