Sierra County Special Warranty Deed Form (New Mexico)

All Sierra County specific forms and documents listed below are included in your immediate download package:

Special Warranty Deed Form

Sierra County Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Sierra County compliant document last validated/updated 6/5/2024

Special Warranty Deed Guide

Sierra County Special Warranty Deed Guide

Line by line guide explaining every blank on the form.
Included Sierra County compliant document last validated/updated 4/5/2024

Completed Example of the Special Warranty Deed Document

Sierra County Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.
Included Sierra County compliant document last validated/updated 1/19/2024

When using these Special Warranty Deed forms, the subject real estate must be physically located in Sierra County. The executed documents should then be recorded in the following office:

Sierra County Clerk

100 North Date St, Truth or Consequences, New Mexico 87901

Hours: 8:00 to 5:00 M-F

Phone: (575) 894-2840

Local jurisdictions located in Sierra County include:

  • Arrey
  • Caballo
  • Derry
  • Elephant Butte
  • Hillsboro
  • Monticello
  • Truth Or Consequences
  • Williamsburg
  • Winston

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Sierra County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Sierra County using our eRecording service.
Are these forms guaranteed to be recordable in Sierra County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sierra County including margin requirements, content requirements, font and font size requirements.

Can the Special Warranty Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Sierra County that you need to transfer you would only need to order our forms once for all of your properties in Sierra County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Sierra County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Sierra County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Sierra County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Sierra 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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