Albuquerque, NM asked in Real Estate Law for New Mexico

Q: New Mexico quit claim deed with corrected warranty deed. Do I reference original or corrected warranty deed?

The property consists of 3 adjacent parcels. The legal descriptions are almost the same except for the parcel number. I thought it would be better to just attach the warranty deed so it’s clear what properties are being transferred.

The confusion is that the original warranty deed wasn’t clear enough and only 2 of the 3 parcels were transferred to me. So a corrected warranty deed was filed to clarify and as a result the 3rd parcel was transferred to me.

The question is, do I attach the original, the corrected warranty deed, or both?

Thanks!

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: If you are conveying property, then draft one deed with all three tracts, using the best legal descriptions available and the best derivation of title clauses. Do not convey in a deed just two tracts, then attach some former three tract deed (which will not be a current conveyance). Hire a NM attorney to draft the deed.

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