The covenants in a New Mexico warranty deed are set by statute and are conveyed by the use of the phrase "with warranty covenants" in a real estate conveyance. The grantor in this type of deed covenants to the grantee that the grantor is lawfully seized in fee simple of the granted premises; that the granted premises are free from all former and other grants, bargains, sales, taxes, assessments and encumbrances; that he has good right to sell and convey the property; and that he will warrant and defend the same to the grantee, his heirs, successors, and assigns forever against the lawful claims and demands of all persons (47-1-37). The statutory form for a warranty deed can be found in 47-1-44 of the New Mexico Annotated Statutes. The use of the statutory form is not mandatory.
A conveyance of real estate in New Mexico, such as a warranty deed, should be signed by the grantor or by his legal agent or attorney (47-1-5). In addition, the grantor's signature must be duly acknowledged. A warranty deed that has not been duly acknowledged cannot be filed and recorded. Acknowledgments can be taken by any person empowered to perform notary acts pursuant to the Notary Public Act or the Uniform Law on Notarial Acts (14-8-4). Instruments acknowledged outside of New Mexico will be valid in New Mexico if they have been acknowledged according to the laws of such state. A notarial act should be evidenced by a certificate that has been signed and dated by the notarial officer taking such acknowledgment (14-14-7).
The act of recording a warranty deed in New Mexico serves the purpose of providing notice of the existence and the contents of the instrument from the time of recording (14-9-2). Warranty deeds should be recorded in the office of the county clerk in the county or counties where the property is located. A deed, mortgage, or other instrument in writing that is not recorded will not affect 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).
Deeds.com New Mexico Warranty Deed Forms Have Been Updated as Recently as Thursday November 9, 2017