Lawyers, Answer Questions  & Get Points Log In
New Mexico Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for New Mexico on
Q: Regarding land in NM, if Person A "grants" joint tenancy to Persons B and C, who is/are the owners of said property?

Is the joint tenancy/ownership among all three persons or just Persons B and C? Person B is now deceased. Document signed by Person A is a WARRANTY DEED (JOINT TENANCY). No money was paid by Persons B and C. Document was executed in Valencia County, NM.

If ownership was to be among all... Read more »

0 Answers | Asked in Contracts and Real Estate Law for New Mexico on
Q: Is my HOA engaging in selective enforcement against me regarding my properties' roof color.

I moved into my home in 2020 and it was re-roofed from brown to off-white (50/50 split cost with previous owner) at the point of sale. An HOA exists with the condition that roofs of this type must be "light tan or similar color". The sole HOA contact (a management company rep) informed me... Read more »

0 Answers | Asked in Real Estate Law for New Mexico on
Q: Do real estate contracts in New Mexico require the use of an escrow company for seller financing?

I've been in a seller financed real estate contract for 3 years and the contract states that an escrow company is to be used; however, the seller has chosen not to do that. We have no access to any financial information about our loan including interest and principal payments. The seller... Read more »

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New Mexico on
Q: My brother passed without a will on New Mexico and his daughter refuses to come to New Mexico from Texas

I am having trouble retrieving his belongings from sheriff because she won’t respond and has stated she wants nothing to do with any of it how do I get my brothers belongings

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for New Mexico on
Q: Sold a small piece of land in New Mexico which included mineral rights. Are oil and gas considered minerals?

Who is responsible for notifying Producer of royalties of ownership change? Is a separate deed required?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Oil and Gas are definitely Minerals anywhere. As the Seller you might notify the State so you are not taxed or regulated in the future.

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a trustee need unanimous consent from beneficiaries to list trust property for sale?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 20, 2022

Your question cannot be answered without reviewing the trust instrument, but typically the answer would be no, the trustee does not require beneficiary consent to sell property.

1 Answer | Asked in Contracts, Real Estate Law and Banking for New Mexico on
Q: If I have a judgement against me, how would the plaintiff find out where I bank to seize my money?

I do not wish to satisfy this judgement because the plaintiff was in the wrong, but she could hire an attorney, whereas I literally have no money. I am expecting a check from rental assistance that I want to protect from this judgement but I'm afraid that if I open an account at a different... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 30, 2022

Judgment Creditor can ask you under oath where your property is. Become familiar with NM Exemption rights. Remember this is a public forum.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: How do I find an attorney with experience in obtaining a Court ordered way of necessity easement to a landlocked parcel
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 25, 2021

You will need a NM attorney that actually litigates real property. Title Searches will have to be performed first, and you may need a competent contractor to testify about the feasibility and expense of creating access. It will be an expensive and difficult Case, so purchasing a ROW is usually... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Mexico on
Q: Does a granddaughter have more rights to her grandmothers property than a daughter-in-law?

If no will or papers.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 6, 2021

Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: If a mother is #1 on title and she added her son to title or property can she sell it without his consent
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 23, 2021

No... If the Deed is just as you said then they are tenants in common. Hire a TX attorney to examine the Deed and possibly search the title.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: No will. Have oldest brother who moved in to parents house and dont let no one else live their.

Not all my other brothers and sisters have given him their part of the house.

Meanwhile the house is falling into serious and bad disrepair. Litteraly falling down.

He has become a hoarder to the point that the city cited him and ordered him to clean the house and property up.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 21, 2021

Hire a competent attorney for prosecute an Action for a Sale for Partition.

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a revocable trust protect the property held within from outside lawsuits in New Mexico?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 21, 2020

The simple answer is no. You should consult with an attorney who specializes in asset protection if that is your highest priority.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: The neighbor behind me has placed a portable building and other belongings on part ofmy property. They refuse to move it

And have locked their gate so I have no access to my survey marker. What do I do? I need to put fencing and force them to move their things

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 7, 2020

You will probably have to file an Action for a Boundary Dispute and Trespass. Do not wait long or the gate will become the new boundary.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: We have a signed contract of sale and we have deposited $80,000 into escrow. We were scheduled to close yesterday but

the seller kept delaying with all kinds of excuses. On Sunday, 6/28 she asked to delay closing for a couple of weeks. We agreed and I immediately emailed Pioneer Title in Alamogordo informing them that she wanted to delay closing. On monday, 6/29 the seller texted that she was canceling the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 1, 2020

Read your sale contract first. If you want the property and it does not appear the seller can disregard the sale, then hire a competent attorney to sue for specific performance. File suit while the earnest money is still in escrow, with the escrowee an included party (plaintiff or defendant).

1 Answer | Asked in Real Estate Law and Tax Law for New Mexico on
Q: How do I go about filing for the homestead exemption in my state of New Mexico when County Assessor never heard of it?

This is for assessing property taxes.

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo
answered on Dec 28, 2019

I’m not entirely sure what you’re asking. The “homestead exemption” in New Mexico offers protection when debts are being collected from an individual...creditors are unable to force someone from their home to pay a debt (up to $60,000 is protected from creditors in these situations, see... Read more »

1 Answer | Asked in Real Estate Law for New Mexico on
Q: .The day of closing(unfortunately after signing) I went to the house and the enclosed attached carport had been removed.

This was not discussed and it was removed while under contract

Vincent Gallo
Vincent Gallo
answered on Oct 2, 2019

That was a big mistake, the final inspection should be conducted BEFORE you turn over the purchase monies to the Seller.

1 Answer | Asked in Contracts and Real Estate Law for New Mexico on
Q: Can Buyer "cancel" a Self-created Real Estate Contract with NO Contingencies, because appraisal was lower than contract?

Real Estate Contract

This contract is made on May 28, 2019, by *** and *** (Seller) and *** and *** (Buyer)

Seller agrees to see to buyer the following described Real Estate: The Property address is ****** , Las Cruces, NM 88011. The Property is located in *** Subdivision (legal... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (being unable to know what the future may bring) and am unable to opine on your current dilemma. Advice: wait and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Mexico on
Q: I wish to sublease a portion of of my commercial lease but property management is asking for 25% of the rent I collect!

We have unused space in my building I wish to sublease. I asked and received permission according to the terms of my original lease but with additional terms. Property management needs a copy of the agreement, our tenant needs liability insurance and they want 25% of the agreed upon rent! Is that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 11, 2019

Since you need permission to sublet the landlord is holding you up; you have two choices: pay the additional 25% (add it to the new sub-tenant's rent); or kiss the deal goodbye.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for New Mexico on
Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?

I purchased a water softener unit for my house and I recently found out that the finance company placed a lien on my property as soon as the contracts were signed. The payments have been paid regularly and up to date when I found out of the lien on my property. Can this be done without a judgement?

David Humphreys
David Humphreys
answered on Mar 6, 2019

It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.

It is not a judgment lien in all likelihood.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.