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New Mexico Real Estate Law Questions & Answers
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

Anthony M. Avery
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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

Anthony M. Avery
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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

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Mexico on
Q: In state of New Mexico, the rules of filing an amended civil complaint, that has been responded by defendant over a year

In 3/22, a civil complaint was filed against me, which I responded and now the plaintiff has hired an attorney, 5/17/23, which filed an amended civil complaint. What is the rules to follow now? Is this not a new complaint?

Anthony M. Avery
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answered on Jun 1, 2023

You need to file an Answer to the Amended Complaint. If Leave Of Court was not granted to amend the Complaint, you could move to strike it. That will probably not help your case unless there is a violation of the SOL.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Mexico on
Q: I have a standard real estate contract. If I had to file bankruptcy Would it protect my property from foreclosure ?
Anthony M. Avery
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answered on May 3, 2023

If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: As a Canadian looking to buy land in the United States, are there any specifics I need to know legally.

Looking to buy in New Mexico.

Anthony M. Avery
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answered on Apr 10, 2023

Hire a NM attorney to search the TITLE prior to even signing a contract to purchase. Then ask attorney to assist with any conveyance.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: How much time is required to give a Tennant notice that the property has been sold and Tennant is evicted

I've received a three day eviction notice from persons claiming to be the new owner of the property I live on

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 26, 2023

Typically, when a property is sold where a tenant is residing, the new owner assumes the lease if there is one. If there is no lease, then the tenant is on a month to month lease and notice by either party is much shorter (usually 30-60 days depending on the how long the tenant has lived there).... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: i bought property that had tenants but the lease wasn’t renewed and given an eviction they refuse so I can’t move to it

What do I have to do to be able to move in

John Michael Frick
John Michael Frick
answered on Mar 2, 2023

You should evict the tenants.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: Our names are on the deed of our daughters house. She purchased it, no mortgage. We want to remove our names.
Anthony M. Avery
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answered on Feb 8, 2023

Hire a NM attorney to draft a Quit Claim Deed from you two over to your Daughter. Execute it properly and record it. There may be tax consequences which should be examined first if the property is valuable. It may have a mortgage or lien on it now.

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
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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
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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... View More

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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
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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... View 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
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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
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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.... View More

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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?
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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
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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... View More

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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... View More

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