SPECIAL WARRANTY DEED

State of New Mexico

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife (community property presumed per NMSA 1978 Section 40-3-12)
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife (community property)
☐ An unmarried person

Vesting:
☐ A single person, as sole and separate property
☐ Husband and wife, as community property
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY COVENANTS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of New Mexico, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Prior Deed Reference:
Being the same premises conveyed to Grantor by deed dated _________________, 20_____, and recorded in the Office of the County Clerk of _________________ County, New Mexico, in Book _______, Page _______ (or as Document No. _____________).

also known by street and number as: _____________________________________________

Parcel Number: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Statutory Special Warranty

Pursuant to NMSA 1978 Section 47-1-31 and NMSA 1978 Section 47-1-44(5), this deed is made with SPECIAL WARRANTY COVENANTS.

Section 3.2 Effect of Special Warranty Deed (NMSA 1978 Section 47-1-31)

A deed in substance following this statutory form shall, when duly executed, have the force and effect of a deed in fee simple to the Grantee, Grantee's heirs and assigns, with covenants on the part of the Grantor, for Grantor, Grantor's heirs, executors, administrators, and successors, with the Grantee, Grantee's heirs, successors, and assigns as specified in the definition of "special warranty covenants" in NMSA 1978 Section 47-1-38.

Section 3.3 Special Warranty Covenants Defined (NMSA 1978 Section 47-1-38)

The words "special warranty covenants" carry implied covenants that:

(a) The property is free from encumbrances made by the Grantor, with the exception of any noted in this deed;

(b) The Grantor, and Grantor's heirs, executors, administrators, and successors, shall warrant and defend the title against lawful claims and demands of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.4 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. Unlike a general warranty deed under NMSA 1978 Section 47-1-37, the warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT guarantee the title against claims that arose prior to Grantor's ownership. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.5 Statutory References

This conveyance is made pursuant to and in accordance with:
- NMSA 1978 Section 47-1-31 (Special warranty deed; effect)
- NMSA 1978 Section 47-1-38 (Special warranty covenants defined)
- NMSA 1978 Section 47-1-44(5) (Statutory form for special warranty deed)
- NMSA 1978 Section 14-9-1 (Recording requirements)
- NMSA 1978 Section 40-3-12 (Community property presumption)
- NMSA 1978 Section 7-38-12.1 (Real Property Transfer Declaration)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Spousal Joinder (Community Property State)

New Mexico is a community property state. A conveyance to a married couple is presumed to be community property with some exceptions (NMSA 1978 Section 40-3-12).

☐ Grantor is unmarried - spousal joinder not required
☐ Both spouses are executing this deed
☐ Property is the sole and separate property of the signing Grantor

IMPORTANT: Joinder of title-holding spouse is required by state statute. If joinder is lacking, the transaction may be ratified by the non-joining title-holding spouse; otherwise, the deed may be void.

Section 5.2 Real Property Transfer Declaration Affidavit

Pursuant to NMSA 1978 Section 7-38-12.1, a Real Property Transfer Declaration Affidavit is required for this transfer and must be filed with the County Assessor's office within 30 days of recording.

☐ Real Property Transfer Declaration Affidavit is attached
☐ This transfer is EXEMPT from the affidavit requirement per NMSA 1978 Section 7-38-12.1(D) because:
_____________________________________________

Section 5.3 Nondisclosure Notice

New Mexico is a nondisclosure state. Certain types of personal information, including the consideration exchanged in a transfer of property, may be withheld from public record.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature (Spouse, if applicable)

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 New Mexico Acknowledgment (Individual)

STATE OF NEW MEXICO
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by _____________________________________________.

_____________________________________________
Notary Public, State of New Mexico

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 New Mexico Acknowledgment (Entity)

STATE OF NEW MEXICO
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by _________________________ as _________________________ [title] of _________________________ [entity name], a _________________________ [state/type of entity], on behalf of said entity.

_____________________________________________
Notary Public, State of New Mexico

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by:

_____________________________________________

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of New Mexico

NEW MEXICO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Recording fees vary by county. Contact the specific county clerk's office for current fee schedules. Payment methods typically include:
- Cash
- Check
- Money Order
- Credit Card (with 2.65% processing fee)

Transfer Tax

New Mexico does not impose a state real estate transfer tax.

Required Accompanying Documents

1. Real Property Transfer Declaration Affidavit - Must be filed with County Assessor within 30 days of recording (NMSA 1978 Section 7-38-12.1)

Transfer Declaration Exemptions (NMSA 1978 Section 7-38-12.1(D))

The Real Property Transfer Declaration Affidavit requirement does not apply to:
- Instruments delivered to establish a gift
- Distribution instruments
- Instruments pursuant to court-ordered partition
- Other statutory exemptions

If exempt, state the reason on the face of the deed.

Community Property Considerations

• New Mexico is a community property state
• Conveyance to married couple presumed to be community property (NMSA 1978 Section 40-3-12)
• Both spouses must sign any deed conveying community property
• Joinder of title-holding spouse required; lack of joinder may void the deed

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice of the conveyance.

2. Priority: New Mexico follows the race-notice recording system.

3. Nondisclosure State: Consideration amount may be withheld from public record.

4. Statutory Forms: Special warranty deeds are statutory under NMSA 1978 Sections 47-1-31 and 47-1-44(5).

5. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

6. Legal Counsel: Consultation with a licensed New Mexico attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed New Mexico attorney before using this form.