A New Mexico special warranty deed is a real estate transfer document in which the executing party (the grantor/seller) warrants that no title issues occurred while they owned the property. With this type of deed, the party receiving property ownership (the grantee/buyer) is financially protected against title defects, so long as they can prove said defects were caused by the grantor. However, if a defect existed before the grantor acquired title rights, the grantee would be responsible for settling the encumbrance.
- Statutes: § 47-1-31, § 47-1-38
- Formatting: New Mexico has not established state-wide formatting standards; however, local requirements may be set forth by the County Clerk.
- Signing Requirements (§ 14-8-4): Notary Public
- Where to Record (§ 14-9-1): County Clerk’s Office
- Recording Fees (§ 14-8-15): $25
- Homeowners’ Association Disclosure Certificate Request (§ 47-16-11): The seller of a lot that is part of a homeowners’ association must use this form to obtain a disclosure certificate from the association. After receiving the certificate, the seller must give it to the buyer no later than seven (7) days before the transfer of ownership.