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New Mexico Real Estate Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for New Mexico on
Q: Can I be served with a restraining order if I've never met the person?

They served my mother in law in a restraining order and included myself and my husband et al. I've never met the person filing before. It is my husband's father. In the document they are also saying they are filing a quiet title deed. I have to present in Wednesday. I live in Alaska and... View More

Anthony M. Avery
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answered on Nov 27, 2024

If you do not want to travel to Court then hire a NM attorney to represent you. Otherwise at least a default judgment will go down against you. Apparently you may have an interest in the real property, so get the lawyer to file an answer to the Quiet Title Action.

0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New Mexico on
Q: I'm a FL resident, an only child of my 101-year-old mom. I need to add myself to a deed for a small parcel in New Mexico

She's currently in a hospice with advanced Dementia and was just diagnosed with recurring breast cancer. I reached out to her elder care attorney who isn't interested in helping. I also have Durable Power of Attorney. Any suggestions?

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Inheritance of farmland property

We have two 80-acre farmland plots still titled to grandparents (both deceased). Plots were willed to their two children (also deceased). Problem with communication between two families. Is it possible to petition the court to have the two properties split, one to each family? If so, what paperwork... View More

Anthony M. Avery
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answered on Nov 12, 2024

Hire a NM attorney to file an action for a Partition In Kind. All tenants in common must be Parties.

0 Answers | Asked in Real Estate Law for New Mexico on
Q: How will Project 2025 affect me as a women in regards to ownership of my house and other property?

I have bought and owned my house since August 2016. I was single at the time. I am a practicing Veterinarian. I am independent. I am also childfree by choice. I became married 7/2023. My husband's name is not on the deed/title, but he lives in the house free of rent.

1 Answer | Asked in Real Estate Law and Elder Law for New Mexico on
Q: How do I file a lien against a property owner for unpaid dues to the homeowner's assn?

I am on the board for a Property Owners Assn and we have homeowners who do not pay their yearly dues. How do we file a lien against the owner's property to get their fees paid when the property sells? We are a 55+ association.

Anthony M. Avery
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answered on Oct 18, 2024

HOA will need to hire an NM attorney to represent it. Collection through foreclosure of the lien may be necessary.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New Mexico on
Q: Can I file a junction in New mexico

R can I file a junction in New mexico

James L. Arrasmith
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answered on Oct 29, 2024

It appears that "filing a junction" isn't a recognized legal procedure in New Mexico. You might be referring to a different legal action, so it's important to clarify the exact term or process you have in mind.

If you're dealing with real estate matters, common...
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2 Answers | Asked in Divorce, Bankruptcy, Criminal Law and Real Estate Law for New Mexico on
Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

It is likely separate property if acquired before marriage.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Q: What are my rights if a public road easement is on my property? As in a road cuts through my land with an easement.

I have a piece of land that is crossed by an abandoned railway easement. I have a description that says the south right of way of the railroad is also a public easement. What rights and responsibilities do I have, and who gets to use the easement and for what purposes?

Anthony M. Avery
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answered on Sep 13, 2024

You can file a Declaratory Judgment action to have the Easement declared abandoned and not constituting a property interest any more. But you will lose.

1 Answer | Asked in Bankruptcy, Contracts, Real Estate Law and Elder Law for New Mexico on
Q: Yes! I'm in need of Legal Representation, on getting my Name Removed from The Mortgage and Deed

She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More

James L. Arrasmith
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answered on Aug 15, 2024

You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: Two owner property, one owner abandoned 1 year ago. Now selling he contacts and wants half of profit.
Anthony M. Avery
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answered on May 28, 2024

All titled owners will need to sign the deed transfer, so he will probably need his money at closing.

1 Answer | Asked in Family Law and Real Estate Law for New Mexico on
Q: How to file for sole owner on a quit claim deed for party's not paying their share.

Three people an the quit claim. Two have not been back nor paid any upkeep or taxes in four years.

Anthony M. Avery
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answered on Feb 5, 2024

You can ask the other TICs for apportioned monies owed, sign over their interests to you by deed or file a suit for partition.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: May New Mexico HOA Board members meet informally to discuss possible agenda issues in private, if no decisions are made?

These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.

James L. Arrasmith
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answered on Feb 23, 2024

In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for New Mexico on
Q: Can I place a lien on a persons house because of money I loaned her?

I directly paid (as a loan) a mortgage and a credit card balances to ease a person's stress. I have only our texts to prove that she owes me the $27,700. I wanted a lien, but she wants to give me a promissory note! I won't live long enough for her to pay me off at $100/mo, so I need to... View More

Anthony M. Avery
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answered on Jan 15, 2024

Either sue her for the money lent and get a judgment which can be filed as a lien. Or take the note secured by a deed of trust/mortgage against the property. Apparently it will be a second priority debt, so if you foreclose, you have to pay the mortgage or you get foreclosed on.

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: I have a sale of vacant land but the seller does not have recorded deeds of previous sales.

What is the best way for the new buyer to get title insurance?

Anthony M. Avery
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answered on Dec 22, 2023

First you need to hire a NM attorney to conduct a title search as apparently you have no idea who owns the property. It may be prudent to walk away from this transfer.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

James L. Arrasmith
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answered on Dec 5, 2023

In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
T. Augustus Claus
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answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for New Mexico on
Q: Can I have a default judgement set aside?

A former friend and I drew up a contract for the sale of a lot that is part of my mother's estate. She failed to make any payments, then she sued me for breach of contract. She lied saying I misrepresented the lot as being developed and claimed she had to install all utilities, when it was a... View More

Anthony M. Avery
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answered on Nov 21, 2023

You are probably too late to file a Rule 60 Motion, but you can try. Hire a NM attorney to defend you against execution. You might have exempt properties which preclude execution.

1 Answer | Asked in Real Estate Law for New Mexico on
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... View More

Anthony M. Avery
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answered on Nov 13, 2023

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... View More

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