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New Mexico Real Estate Law Questions & Answers
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.

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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

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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

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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

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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.
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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

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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

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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

1 Answer | Asked in Real Estate Law for New Mexico on
Q: In NM does a commercial landlord need to involve the court in order to evict or change locks after a 3 day notice?
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answered on Nov 13, 2023

You will need to hire a NM attorney to recover possession.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for New Mexico on
Q: Do I have any right to money from the sale of the house my ex husband is selling when he never removed me from the deed

We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.

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answered on Oct 24, 2023

In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More

1 Answer | Asked in Real Estate Law and Probate for New Mexico on
Q: my fathers aunt had left him her house via a transfer on death deed , both have passed what can I do. Im the heir

I don't think it was recorded,

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answered on Oct 23, 2023

If the Deed was not recorded, it has no effect here. You might want to get the Deed placed of record, then establish that you are your Father's Heir (Probate, Affidavit of Heirship) etc. If you have the Deed, hire a NM attorney. You may have to then get possession after you establish title.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: I need instructions on how to fill out a Complaint For Quiet Title in the state of New Mexico, Bernalillo County.

New Case

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answered on Oct 17, 2023

Most lawyers have no idea what that Action is. You will need to hire a NM attorney that handles real property litigation. That cause of action requires title searches, knowledge of statutes and witnesses giving almost perfect testimony. Even a successful trial will require a precisely drafted... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: Live in condo in Albuq NM. 4 Units in bldg. Who owns the windows - me or Assoc.
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answered on Aug 21, 2023

Usually the walls, roofs. parking lot and floors of a condominium are owned in common with the other owners. Look at your deed, master deed, recorded covenants and NM statutes. But I think you will find you do not solely own anything individually but the interior space.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: Can a seller sign a warranty deed without a land survey, but with an ILR?
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answered on Jul 31, 2023

In New Mexico, a seller can technically sign a warranty deed without a land survey, but it is not recommended. A land survey is an important document that provides a detailed and accurate description of the property's boundaries, including any easements, encroachments, or other relevant... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: What documents do I need to remove a renter from my house?
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answered on Aug 2, 2023

Usually none if you file suit for possession, and defendants do not claim title or a busted SOL.

1 Answer | Asked in Family Law and Real Estate Law for New Mexico on
Q: I gave my mother power of attorney while I was incarcerated, she put her name on the deed to my house and is financially

Gaining off of the house because I was renting it out. Can she get introuble for personal gain and can I undo what she did?

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answered on Jul 24, 2023

You can revoke the POA anytime. I would notify any interested parties such as the renters. You can also sue her for breach of fiduciary duty for presumptively fraudulent transfers of your money to herself.

1 Answer | Asked in Family Law, Land Use & Zoning and Real Estate Law for New Mexico on
Q: Does a widower have entitlement to deseased family Land Grant land turned into a LLC

We have acres in a family Spanish land grant turned LLC. My sister passed. Does my brother in-law have entitlement or interest

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answered on Aug 2, 2023

You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.

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

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answered on Jul 7, 2023

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... View More

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for New Mexico on
Q: I found property but I have done research and have found out that the man who lived there has passed away in 2018,and

Apparently he didn't have any kids people that he would have left it to as far as I've been told it's been vacant for a very long time and nobody's really done anything except for them putting a sign that says substandable with black letters on the board that says no rest not... View More

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answered on May 22, 2023

Hire a NM attorney to search the title, then check on tax payments. An heirship determination will have to be made. If no tax sale or foreclosure is imminent, then try to purchase a Deed from all tenants in common heirs. Property may not be worth the trouble.

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