New Mexico Warranty Deed

The party lines on this New Mexico warranty deed are left open on purpose. Nothing on the instrument declares in advance whether one owner conveys or two, what marital status the parties hold, or how the grantees take title. The Grantor and Grantee blocks are wide free-form entries, and the words that fix status and co-ownership are the ones written into them.

Four party counts on one instrument

The deed recites one or two natural persons on the granting side and one or two on the receiving side, in any combination of those counts. Two signature blocks follow the operative section, headed GRANTOR and SECOND GRANTOR (if applicable), and each block carries an acknowledgment certificate of its own, so the signers may appear before notarial officers on different dates and in different counties. A conveyance by a single owner uses the first block and leaves the second blank. A conveyance by two owners uses both, which is also where the joining signature of a spouse belongs when NMSA 1978, Section 40-3-13 calls for both spouses on a transfer of community real property. Signing for a company, signing as trustee, and signing under a power of attorney each recite a representative capacity this form does not carry, and three or more owners on either side exceed its two blocks.

What the phrase warranty covenants imports

The operative section states that for consideration paid the grantor grants the described real estate to the grantee, whose address the deed states, with warranty covenants, the wording of the statutory form printed at NMSA 1978, Section 47-1-44. Section 47-1-29 gives a deed in substance following that form the force and effect of a fee simple conveyance, and Section 47-1-37 supplies what the phrase imports: seizin in fee simple, freedom from former and other grants, bargains, sales, taxes, assessments, and encumbrances, good right to sell and convey, and a promise to warrant and defend against the lawful claims and demands of all persons. No time limit rides on that defense, which is what separates it from the by, through, or under boundary Section 47-1-38 draws around special warranty covenants. Section 7 of the form lists the matters the conveyance is subject to, and the covenants read against that list.

The vesting words live in the grantee entry

Because the instrument preprints no ownership form, the grantee entry is where co-ownership is settled. Section 47-1-15 provides that joint grantees take in common, so a deed naming two people and saying nothing more leaves a tenancy in common. Section 47-1-36 makes an express declaration the only route into a joint tenancy, and under Section 47-1-16 a survivorship recital in a recorded instrument is prima facie evidence of the estate and conclusive in favor of purchasers and encumbrancers for value. For spouses, Section 40-3-8(B) presumes community character however the written instrument styles the interests. New Mexico prints no statutory label joining community property to a right of survivorship; that work belongs to a deed taking both spouses as joint tenants, which Swink v. Fingado treats as community property and joint tenancy property at once.

A flat fee, and a price that stays off the record

Acknowledgment is the statutory gate: Section 14-8-4 provides that an instrument not duly acknowledged may not be recorded and is not considered of record even if it is entered. Recording runs to the county clerk of the county where the land lies at twenty five dollars per document, a figure fixed by statute and identical in every New Mexico county, with a further twenty five for each additional block of ten index entries, which is how a description covering several platted lots raises the charge. New Mexico levies no deed transfer tax, and the price stays off the deed: for residential property, Section 7-38-12.1 sends the consideration to a confidential transfer declaration affidavit filed with the county assessor within thirty days after recording, an assessor filing prepared apart from this deed and not part of this package.

The package delivers this New Mexico warranty deed as a blank fillable PDF, a completed example filled at full capacity for a Sandoval County conveyance, and a plain language guide covering the form section by section, the ways grantees may hold title, the signing and notarization rules, and the recording steps. It is informational and describes New Mexico law in general terms; it is not legal advice.