Deed Transferring Real Property into Living Trust - New Mexico

This instrument prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________]
[____________________________________]

Property Tax / UPC Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY CLERK RECORDING STAMP

WARRANTY DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of New Mexico

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person dealing with sole and separate property / husband and wife / spouses], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it, whose address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust and in any successor trustee without the necessity of any further conveyance, in accordance with the powers and authority granted to the Trustee under the Trust and under the New Mexico Uniform Trust Code, NMSA 1978, § 46A-1-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The consideration is nominal — One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, the receipt and sufficiency of which are acknowledged, does hereby GRANT, BARGAIN, SELL, and CONVEY unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, the following described real estate situated in [____________] County, New Mexico (the "Property"), with warranty covenants (NMSA 1978, §§ 47-1-29, 47-1-37, 47-1-44(1)):

Property commonly known as: [STREET ADDRESS, CITY, NEW MEXICO, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, water rights, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever, with warranty covenants binding the Grantor.

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, water, and environmental laws and regulations; and
(d) Any mortgage, deed of trust, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD AND TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homestead and property-tax exemptions. The parties intend to preserve any exemption for which the Grantor and Property remain eligible. NMSA 1978 § 42-10-9 addresses protection of a primary residence from judgment creditors; it is not a property-tax exemption. The separate head-of-family residential property-tax exemption under § 7-37-4 can apply when the property is held in a qualifying grantor trust established by a New Mexico resident who is head of a family. After recording, confirm tax-exemption eligibility and any required claim with the county assessor; separately review whether the transfer affects creditor homestead protection.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording. Confirm coverage directly with the title insurer; the deed form alone does not decide policy coverage.

7. ASSESSOR FILING AND FEDERAL LOAN RULE

7.1 Recording and assessor affidavit. File the acknowledged deed with the county clerk where the property lies (NMSA 1978 §§ 14-8-4(A), 14-9-1). For residential property as classified for property taxation, a transferor, transferee, or either party's authorized agent must file the department-approved signed affidavit with the county assessor within 30 days after deed filing unless an exception under § 7-38-12.1(D) applies. A transfer from a person to a trustee for nominal actual consideration may qualify under § 7-38-12.1(D)(15); a qualifying gift may fall under (D)(17). Confirm the actual facts and applicable exception before omitting the assessor affidavit.

7.2 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Warranty Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey community property, if applicable

9. NOTARY ACKNOWLEDGMENT (New Mexico)

This instrument was acknowledged before me on [__/__/____] by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who is/are personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed this instrument, and who acknowledged that he/she/they executed it voluntarily for the purposes stated.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Clerk of [____________] County, New Mexico — the county in which the Property is located (NMSA 1978, § 14-9-1).
2. Assessor filing. Determine whether § 7-38-12.1(A) requires a residential-transfer affidavit with the county assessor within 30 days after recording, or whether a documented subsection (D) exception applies.
3. Recording fees. Pay the per-page or per-document recording fee charged by the county clerk. Confirm document-format requirements (paper size, margins, legibility) with the clerk before submission.
4. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm any head-of-family property-tax or assessment exemption with the county assessor and address creditor homestead protection separately; (c) provide a recorded copy and a Certification of Trust (NMSA 1978, § 46A-10-1013) to the title company; and (d) record the deed before any closing on a sale or refinance.
5. Transfer-on-death alternative. New Mexico also authorizes a transfer-on-death deed (NMSA 1978, § 45-6-401), but a revocable living trust funded by a recorded deed provides lifetime management and broader planning; choose the mechanism with counsel.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block/subdivision with the volume and folio of the recorded plat in the county clerk's office, or government survey (section, township, range, N.M.P.M.). Include the parcel/UPC number and any appurtenant water rights. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• NMSA 1978, § 14-9-1 — instruments affecting real estate are recorded in the office of the county clerk of the county where the real estate is situated.
• NMSA 1978, § 14-9-3 — unrecorded instruments do not affect good-faith purchasers, mortgagees, or judgment lien creditors without knowledge.
• NMSA 1978, § 47-1-44 — statutory conveyancing forms (warranty deed, special warranty deed, quitclaim deed); grantee's address required.
• NMSA 1978, §§ 47-1-29 and 47-1-37 — warranty deed effect and warranty covenants; § 47-1-30 instead governs quitclaims.
• NMSA 1978, § 14-8-4(A) — acknowledgment necessary for recording an original deed.
• NMSA 1978, § 47-1-7 — acknowledgment and recording of powers of attorney and other writings authorizing an agent to convey real estate.
• NMSA 1978, § 40-3-13 — joinder of both spouses required to convey or encumber community real property.
• NMSA 1978, § 42-10-9 — homestead protection against judgment creditors.
• NMSA 1978, § 7-37-4 — head-of-family residential property-tax exemption, including qualifying grantor trusts.
• NMSA 1978, § 46A-1-101 et seq. — New Mexico Uniform Trust Code; § 46A-10-1013 (certification of trust).
• NMSA 1978, § 45-6-401 — transfer-on-death deed (alternative non-probate mechanism).
• NMSA 1978, § 7-38-12.1 — residential-transfer assessor affidavit and exceptions.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney before executing or recording this deed.