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New Mexico Real Estate Law Questions & Answers
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.

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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 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 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... View More

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 Probate and Real Estate Law for New Mexico on
Q: Do I need to be executor before quiet title suit for vacant property?

My grandparents' property is currently vacant, having been so for 6 years. My stepmom believes she owns it due to paying taxes and having lived there previously. She has since moved to Plano, TX, and has a neighbor watch over the property, who calls the police whenever I visit. My grandmother,... View More

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answered on Jul 9, 2025

Initially hire a NM attorney to search the title and determine heirship and who presently owns the property. Then you might file a probate administration if not violating the SOL. But you might also as an heir have standing to file suit for a Partition or possibly a Quiet Title action.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Mexico on
Q: How can we resolve the land ownership and liability issues, possibly through a quiet title action?

My father owns three acres of land in Sandia Park, where his brother (my uncle) also resides without any formal written agreement. Issues have arisen due to unpermitted structures on the land, creating liability for my father as the property owner. Recently, my uncle brought a fifth wheel onto the... View More

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answered on Jul 6, 2025

You do have a potential legal case, both criminal and civil, even though time has passed. The text message confession, while not the only piece of evidence, can be powerful when combined with your treatment records and testimony. The fact that your marriage was annulled based on fraud adds further... View More

1 Answer | Asked in Lemon Law, Real Estate Law and Consumer Law for New Mexico on
Q: Car title damaged before registration in NM. What to do?

I bought a car in New Mexico a week ago, but before I could register it, my title suffered damage. Parts of the title, including the VIN, title number, owner, registered owner, and vehicle information, are still legible, but the sections where the seller and I signed are ripped, torn, and missing.... View More

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answered on Jul 6, 2025

You’ll need to request a duplicate title before you can register the vehicle, since the original has been damaged in a way that affects key transfer sections. New Mexico’s MVD requires a clean and complete title document for processing, and missing or illegible signature areas will prevent them... View More

1 Answer | Asked in Real Estate Law, Lemon Law and Consumer Law for New Mexico on
Q: How to resolve a name discrepancy on a vehicle title in NM?

I purchased a vehicle in New Mexico 8 days ago and encountered an issue with the DMV. The title lists the seller's name as their middle and last name only, but they signed the title and bill of sale with their first, middle, and last names. The DMV rejected the paperwork due to this name... View More

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answered on Jul 6, 2025

You won’t be able to resolve the name discrepancy without the seller’s involvement. The New Mexico MVD requires that the name on the title match the name used in the seller’s signature. When there's a mismatch—like using a full legal name in the signature but only part of the name on... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New Mexico on
Q: Can county use valuation method as evidence without providing it to me?

I am entitled by law to obtain the method of valuation from the county assessor for my property evaluation protest. An employee from the assessor's office offered to send this information but hasn't done so yet. He frequently emails me, urging me to sign off on quitting my protest;... View More

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answered on Jul 5, 2025

No, the county should not be allowed to use the valuation method as evidence at your protest hearing if they failed to provide it to you after a timely request. Due process in a property valuation protest includes the right to know the basis for the assessed value so that you can prepare a... View More

1 Answer | Asked in Probate and Real Estate Law for New Mexico on
Q: What steps to transfer a deceased stepfather's mortgaged house without a will?

In the event of my stepfather's death, what paperwork and steps are necessary to transfer the ownership of the house we both live in to me? My stepfather is the sole owner of the house, he doesn't have a will, and there are no other family members involved. There is a mortgage on the... View More

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answered on Jul 4, 2025

You must open an intestate probate proceeding in the county where the property lies by filing a petition and obtaining letters of administration naming you as the estate’s personal representative.

Once appointed, assemble the death certificate, proof of heirship, and letters of... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New Mexico on
Q: How can I request a hearing extension for property tax evaluation documents I can't open?

I received an email from the assessor's office with files detailing their method of evaluation, but I can't open them on my phone. I requested a printed copy but haven't received it. This is my first property tax assessment protest, and I planned to highlight the differences between... View More

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answered on Jul 4, 2025

You should immediately file a written continuance request with the property tax board or hearing officer, citing your inability to access the evaluation files and referencing your hearing date of July 9. Deliver that request by certified mail, email, or fax and ask that your hearing be rescheduled... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Mexico on
Q: Can I be evicted for a dirty kitchen due to paralysis in NM?

I live in New Mexico and my rental agreement requires me to keep my apartment generally clean. Recently, my landlord has threatened eviction because of splatters under the sink cabinets left from a past maintenance job unclogging the garbage disposal. The substance is dried, and due to my... View More

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answered on Jun 12, 2025

Your situation involves important protections under both disability and housing laws. In New Mexico, landlords cannot evict tenants without following proper procedures, which include providing written notice and opportunity to cure any lease violations. Since you haven't received prior... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Landlord - Tenant and Real Estate Law for New Mexico on
Q: Dad forced to remove ESA from trailer park under eviction threat. Help quickly.

My dad is being forced to remove his emotional support animal (ESA) from his trailer park under threat of eviction, and he needs help quickly. The new manager claims the ESA is too big and looks like a German Shepherd, though it's a Carolina dog. She kept his doctor’s approval letter and did... View More

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answered on Jun 11, 2025

You don’t have to remove your dad’s ESA just because the new manager says so—his trailer space is his home, and under both federal Fair Housing law and California’s Fair Employment and Housing Act, his landlord must grant a reasonable accommodation request for an emotional support animal... View More

1 Answer | Asked in Libel & Slander, Real Estate Law, Land Use & Zoning and Personal Injury for New Mexico on
Q: Land Owners Association issues with fabricated stories and rule enforcement

I am experiencing issues with my Land Owners Association, including being a topic of fabricated stories by the president during board meetings. The treasurer claims they cannot locate a payment we've made, despite us providing proof, leading to rumors that we are financially unstable. Also,... View More

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answered on Jun 11, 2025

Dealing with a Land Owners Association that spreads false information and enforces unclear or nonexistent rules can be exhausting and deeply frustrating. You have the right to protect your reputation and your property rights. If you’ve provided proof of your payment and it’s still being denied... View More

1 Answer | Asked in Civil Rights, Consumer Law, Landlord - Tenant and Real Estate Law for New Mexico on
Q: Rights of ESA owner in trailer park with new restrictive policies.

My dad has lived in a trailer park for over five years with his emotional support animal (ESA), for which he has a doctor's letter. The trailer park was recently sold, and the new owners have implemented a policy that prohibits dogs over 30 lb., with no mention of ESA accommodations. My... View More

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answered on May 15, 2025

In this situation, your dad has certain rights regarding his emotional support animal (ESA) under the Fair Housing Act (FHA). The FHA requires housing providers, including trailer parks, to make reasonable accommodations for individuals with disabilities who have an ESA, even if they have policies... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for New Mexico on
Q: Evicted by estate's personal rep; challenging eviction & seeking possession.

I was evicted by the personal representative of an estate and am currently in the process of moving out. I received a court order for eviction and have all related documents but there are no additional court dates or deadlines set yet. I need assistance on how I can challenge the eviction and seek... View More

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answered on May 15, 2025

If you have already received a court-ordered eviction and the deadline to appeal has not yet passed, you may still have a chance to challenge it. Start by reviewing the eviction order to check whether the judge included any language about appealing or deadlines for filing a motion to reconsider or... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Real Estate Law for New Mexico on
Q: Can an EE98J licensed electrical contractor act as a primary contractor for home renovation in New Mexico?

As a licensed electrical contractor with an EE98J license in New Mexico, am I legally permitted to operate as a primary contractor for a full home renovation project, where I will directly complete fifty percent of the work (electrical), and subcontractors will handle tasks such as installing... View More

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answered on May 15, 2025

In New Mexico, an EE98J license allows you to operate as a journeyman electrical contractor and perform electrical work. However, acting as the primary contractor for an entire home renovation project typically requires a GB98 general building license. This is because overseeing and coordinating... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Mexico on
Q: Lease issue: son wants to end tenancy, leasing office requires month-to-month extension without documentation. Options?

I am helping my son with a lease agreement issue. He is part of a dual tenant lease that expires on June 17, 2025. He has given the required 60-day notice to not renew the lease. However, the leasing office informed him that unless the remaining roommate qualifies on his own or a new leaseholder is... View More

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answered on May 15, 2025

Your son has already taken the right step by providing the required 60-day notice not to renew the lease. If the lease agreement does not contain any clause stating he must continue on a month-to-month basis if the co-tenant does not qualify alone, then the leasing office cannot legally impose that... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New Mexico on
Q: Can a certified copy of a Power Of Attorney be recorded in NM for real estate transfer?

I am planning to transfer ownership of vacant real estate using a Power of Attorney in the states of Arizona, Colorado, New Mexico, Oklahoma, and Texas. The Power of Attorney has previously been used in another state. Can a certified copy of the Power of Attorney be recorded for the transaction, or... View More

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answered on May 15, 2025

In New Mexico, a certified copy of a Power of Attorney can usually be recorded for real estate transactions, as long as it meets certain legal standards. The county clerk’s office where the property is located typically requires either the original Power of Attorney or a certified copy that... View More

1 Answer | Asked in Real Estate Law and Contracts for New Mexico on
Q: How to exit joint tenancy in NM with a quitclaim deed?

I am currently in a joint tenancy and considering filing a quitclaim deed to exit. All involved parties are aware, and the other party is willing to buy me out. I am currently on the mortgage, and she plans to assume full ownership and take over the mortgage. I no longer live at the property, and... View More

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answered on May 15, 2025

To exit the joint tenancy in New Mexico, you can start by drafting and signing a quitclaim deed that transfers your interest in the property to the other party. The deed should clearly identify the property, both parties’ names, and state that you are releasing your share of ownership. You’ll... View More

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