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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 
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
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
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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
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
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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.
R can I file a junction in New mexico
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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... View More
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.
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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.
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?
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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.
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
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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
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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.
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.
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.
What is the best way for the new buyer to get title insurance?
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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.
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.
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
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answered on Nov 13, 2023
You will need to hire a NM attorney to recover possession.
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
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.
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
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