Santa Rosa, NM asked in Real Estate Law for New Mexico

Q: My uncle before passing away deeded some property to me. I went to the county clerks office to record the property.

The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle paid them several years of past due property taxes. I called the mortgage company that took care of the payments for my uncle and they confirmed that the property was payed in full and even sent me a payment history by their data indicating payed in full but unable to provide a warranty deed due to purging their files after 10 years. How do i get a deed showing property from mortgage company to my uncle then i can record my deed from my uncle to me??? Please help

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1 Lawyer Answer
Anthony M. Avery
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A: It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and file a quiet title action against all interested parties. This will necessitate a very good real property litigator.

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