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New Mexico Real Estate Law Questions & Answers
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
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?
Carlos N. Martinez
Carlos N. Martinez answered on Feb 18, 2019

You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: A nasty/rude person with 3 children has been in my home for 3 months, I want them to move how do I get them out legally.

She is a young 30 year old who was only suppose to stay 2 weeks, and won't leave I am disabled and can't take it anymore. I gave her a certified 30 day notice to leave by 9/30/18. If she don't leave what should I do. I am a renter. I don't even really know her I was only trying to be helpful.

T. J. Jesky
T. J. Jesky answered on Sep 25, 2018

It sounds that you gave her an ultimatum of September 30 to move out. In the meantime, you can offer to assist her in finding a new residence. Ask you other family members for their support in speaking with her. Perhaps she has some other family members that will take her in. She does not move... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New Mexico on
Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?

My mother is now residing in MO with another brother who has been trying to get my CA brother to move the trailer off of the lot for years. What can he do to compel our brother to move the trailer? Can he file any document and publish a notice in a local legal publication? Then have it removed... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Dec 27, 2017

This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.

1 Answer | Asked in Employment Law and Real Estate Law for New Mexico on
Q: What do I do if I am a first year teacher and my principal is refusing to give me my final paycheck?

The principal says I have to come in and hold an IEP meeting before getting my check. School ended on May 23rd and our Special ed coordinator closed down our files on the 24th.

Trent A. Howell
Trent A. Howell answered on Oct 31, 2017

In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the... Read more »

1 Answer | Asked in Real Estate Law, Family Law, Elder Law and Probate for New Mexico on
Q: Cared4 Grandma & Down Syndrome Uncle.Grandma passed.Aunts took Uncle,want house. Its willed2 me When uncle dies.what now

Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... Read more »

Inna Fershteyn
Inna Fershteyn answered on Oct 24, 2017

It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave,...
Read more »

1 Answer | Asked in DUI / DWI, Personal Injury, Real Estate Law and Car Accidents for New Mexico on
Q: I was riding a friends ATV on their property and they hit me on their ATV. they are trying to sue me now. Can they do it

We were at a friends house and I was riding his dads bike. They had been encouraging me to ride all day and i had been saying no i just finally gave in to them and got on. Our friend that hit me had been drinking. He was playing horse shoes with my husband and in the middle of the game he stopped... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 20, 2017

They can try but you can counterclaim if it gets to that.See if you are covered by your homeowners. You would have numerous defenses.

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: In NM can a personal lender inspect the property after sale in 2008 till now? Must they give a notice?

Can mortgagee inspect property? Advanced notice or can they be legally denied?

Ben F Meek III
Ben F Meek III answered on Mar 30, 2017

Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to... Read more »

1 Answer | Asked in Probate, Tax Law and Real Estate Law for New Mexico on
Q: Can the state sale my land due to back taxes while I have it in probate?
Ben F Meek III
Ben F Meek III answered on Jan 12, 2017

Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: Who is responsible for a broken window. We (renter) did not cause it, but noticed it was broken and reported it.

When cleaning the home, prior to vacating after lease termination, we(renter) found one of the exterior windows(double pane) had a diagonal crack from one corner to the other. We did not cause it and the window frame as well as window appear to be old.

Could you please provide a statute to... Read more »

Brian Lehman
Brian Lehman answered on Jan 9, 2017

You probably need to say the city or county to answer this question, because it appears to depend on local housing codes that impose duties on landlords that tenants may enforce. In Albuquerque, the local codes state: "The windows and doors are reasonably weather-tight and, and are kept in... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: In the State of New Mexico, is it required to to file a Transfer on Death deed PRIOR to death, or can it be filed after?
Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

The statutes require that it be filed prior to the transferor's death.

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