Otero County Special Warranty Deed Form

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

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

Otero 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 Otero County documents included at no extra charge:
Where to Record Your Documents
Otero County Clerk
Alamogordo, New Mexico 88310
Hours: 7:30 to 6:00 M-F
Phone: (575) 437-4942
Recording Tips for Otero County:
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- Ask about their eRecording option for future transactions
- Ask about accepted payment methods when you call ahead
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Otero County
Properties in any of these areas use Otero County forms:
- Alamogordo
- Bent
- Cloudcroft
- High Rolls Mountain Park
- Holloman Air Force Base
- La Luz
- Mayhill
- Mescalero
- Orogrande
- Pinon
- Sacramento
- Sunspot
- Timberon
- Tularosa
- Weed
Hours, fees, requirements, and more for Otero County
How do I get my forms?
Forms are available for immediate download after payment. The Otero 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 Otero County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Otero 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 Otero 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 Otero County?
Recording fees in Otero County vary. Contact the recorder's office at (575) 437-4942 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 Otero County to use these forms. Documents should be recorded at the office below.
This Special Warranty Deed meets all recording requirements specific to Otero County.
Our Promise
The documents you receive here will meet, or exceed, the Otero 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 Otero 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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June 18th, 2023
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December 18th, 2019
The form gave me a perfect place to start. I was looking for something regarding time-shares, so the form was not perfect, but the register of deeds worked with me to get it right. I would not have even been able to start without the form from deeds.com
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May 30th, 2019
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November 20th, 2020
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Lindsay B.
February 16th, 2019
The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.
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Gerald G.
September 16th, 2020
I am researching forms required to change deed from joint owners to individual. Subsequently, forms required when/after a trust is established for real property.
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June 5th, 2022
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March 16th, 2021
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Mark & Linda W.
December 18th, 2020
Quite simple and easy. Only one critique: It would be easier if the names of the PDF would reflect the name of the deed/form such as 'Controlling tax return' rather than '1579101185SF56863.pdf'. However I love downloading forms rather than mail.
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Teri B.
January 7th, 2019
Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
Melody P.
May 13th, 2021
Thank you for getting our docs recorded so quickly and efficiently! Great and dependable service, as always!
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July 21st, 2022
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June 25th, 2020
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November 6th, 2020
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June 30th, 2020
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