How do I file a quit claim deed in New Mexico?

How do I file a quit claim deed in New Mexico?

New Mexico Quit Claim Deed Form

1. Laws – Section 47-1-30.
2. Notary Public (Section 47-1-44) – In New Mexico it must be signed with a Notary Public viewing the Grantor(s) signature(s).
3. Recording – A quit claim deed is required to be filed at the County Clerk’s Office where the property is located along with the required recording fee(s).

Does a quit claim deed mean you own the property?

A quitclaim deed affects ownership and the name on the deed, not the mortgage. Because quitclaim deeds expose the grantee to certain risks, they are most often used between family members and where there is no exchange of money. Quitclaim deeds transfer title but do not affect mortgages.

Why would someone do a quit claim deed?

Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse’s name to the title or deed, or when the owners get divorced and one spouse’s name is removed from the title or deed.

Which is better quit claim deed or warranty deed?

A warranty deed contains a guarantee that the grantor has legal title and rights to the real estate. A quitclaim deed offers little to no protection to the grantee. Warranty deeds ensure that the grantor has the right to sell the property, and guarantees that there are no liens or encumbrances against the land.

When you have a mortgage who holds the deed?

While you have a mortgage, the lender has rights to the property title until the loan is paid. If you buy a home without a mortgage, the real estate attorney or title company records the deed and issues a copy to you.

What does it mean to be on deed but not mortgage?

Generally, your name is on the deed to the home, then you you own an interest in it. The bank cannot foreclose since you did not transfer your interest to the bank. This means that you still own your share of the home. The lender would only have the interest of the person who signed the mortgage (your spouse).

Do you get deed at closing?

Both the warranty deed and deed of trust are recorded with the county clerk or recorder. The recording fees are included in your closing costs. Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded.

Can someone really steal the title to your home?

It involves a criminal stealing your identity and forging deed or title documents in order to “sell it” to unsuspecting buyers or borrow against it. However, these terms are somewhat of a misnomer – criminals can’t actually “steal” your deed or your house for that matter.

Can a house be sold without both signatures?

Both signatures are needed even to put the house on the market, much less sell it. Ownership as tenants in common means you can sell your half of the house without her permission – but only half. Deeds differ from titles in that the title declares how ownership is held and allows transfer of that ownership.

What do you do when someone steals from your house?

Call the police as soon as you discover a robbery. Avoid touching anything, should the police dust for fingerprints. Take photos of the scene if you can without disturbing anything. File a detailed report stating exactly what was stolen.

Is title insurance a ripoff?

While home insurance and car insurance companies can pay upwards of 80 percent of their premium dollars on claims, title insurers only pay around 3 or 4 percent of their premium dollars on claims. …

What is not covered by title insurance?

Things Not Covered in Your Title Policy Any defects created after the issuance of the policy, or defects that you create. Issues arising as the result of failing to pay your mortgage. Issues arising as the result of failing to obey the law or certain covenants. Restrictive covenants that limit the use of the property.

Is owner’s title insurance really necessary?

Is Title Insurance Required? Lender’s title insurance is required, but owner’s title insurance is optional. An owner’s policy can protect you against losing your equity and your right to live in the home if a claim arises after purchase.

What happens if I don’t buy title insurance?

If you don’t have such a policy, you may lose the house to the brother or spouse claiming the property. An owner’s title policy will protect your ownership rights to your home in many other situations, including fraud, forgery, conflicting wills and missing heirs.

Do I need title insurance if I have no mortgage?

Even if you don’t have a mortgage loan, you may want to consider owner’s title insurance, especially if you’re making a cash offer on a foreclosure or short sale.

How important is title insurance?

An Owner’s Title Insurance Policy is your best protection against potential defects that can remain hidden despite the most thorough search of public records. A Lender’s Title Insurance Policy also exists to protect your mortgage lender’s interest.