2021 New Mexico Statutes
Article 1 - Conveyances and General Provisions
Section 47-1-44 - Conveyancing forms.

(1) WARRANTY DEED
........., for consideration paid, grant ....... to ........., whose address is .........., the following described real estate in ......... county, New Mexico:
(description)
with warranty covenants.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
............ (Seal)
(Here add acknowledgment(s))
(2) WARRANTY DEED (JOINT TENANTS)
........., for consideration paid, grant ......... to ......., whose address is ......., and ......., whose address is ........., as joint tenants the following [described] real estate in ......... county, New Mexico:
(description)
with warranty covenants.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(3) QUITCLAIM DEED
........., for consideration paid, quitclaim ......... to ........., whose address is ........., the following described real estate in ......... county, New Mexico:
(description)
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(4) QUITCLAIM DEED (JOINT TENANTS)
........., for consideration paid quitclaim ......... to ......., whose address is ........., and ........., whose address is ......., as joint tenants the following described real estate in ......... county, New Mexico:
(description)
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(5) SPECIAL WARRANTY DEED
........., for consideration paid, grant ....... to ......., whose address is ........., the following described real estate in ......... county, New Mexico:
(description)
with special warranty covenants.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(6) MORTGAGE
........., for consideration paid, grant ......... to ......., whose address is ........., the following described real estate in ......... county, New Mexico:
(description)
with mortgage covenants.
This mortgage secures the performance of the following obligation:
(Here attach copy of or summarize note or other obligation)
and is upon the statutory mortgage condition for the breach of which it is subject to foreclosure as provided by law. The amount specified for insurance as provided in the statutory mortgage condition is $ ... and the hazard ...... to be insured against ......... fire ...
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(7) DEED OF TRUST
........., for consideration paid, grant ....... to ......., whose address is ........., as trustee for ......., whose address is ......., beneficiary, the following described real estate in ......... county, New Mexico:
(description)
with mortgage covenants.
This deed of trust secures the performance of the following obligation:
(Here attach copy of or summarize note or other obligation)
and is upon the statutory mortgage condition for the breach of which it is subject to foreclosure as provided by law. The amount specified for insurance as provided in the statutory mortgage condition is $ ..., and the hazard ....... to be insured against ...... fire ......
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(8) RELEASE OF MORTGAGE
........, mortgagee ......... under a certain mortgage executed by ........., on the ...... day of ......., 19 ..., and recorded in Book ... page ... of the records of ......... county, New Mexico, do ......... hereby discharge all of the real estate mentioned in said mortgage from the lien and operation thereof.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(9) PARTIAL RELEASE OF MORTGAGE
........., mortgagee ......... under a certain mortgage executed by ......... on the ...... day of ......., 19 ..., and recorded in Book ..., page ... of the records of ......... county, New Mexico, do ......... hereby discharge the following portion only of the real estate described in said mortgage:
(description)
from the lien and operation thereof.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(10) RELEASE OF DEED OF TRUST
........, trustee under a certain deed of trust executed by ....... on the ...... day of ......., 19 ..., and recorded in Book ... , page ... of the records of ......... county, New Mexico, does hereby, at the written request of the beneficiary of said deed of trust, discharge all of the real estate mentioned in said deed of trust from the lien and operation thereof.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(11) PARTIAL RELEASE OF DEED OF TRUST
........., trustee under a certain deed of trust executed by ......... on the ...... day of ......., 19 ..., and recorded in Book ... page ... of the records of ......... county, New Mexico does hereby, at the written request of the beneficiary of said deed of trust discharge the following portion only of the real estate described in said deed of trust.
(description)
from the lien and operation thereof.
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(12) ASSIGNMENT OF MORTGAGE
........., holder ......... of a mortgage from ....... to ....... dated ......... and recorded in Book ... page ... of the records of ......... county, New Mexico, hereby assign ......... said mortgage and the obligation secured thereby to [ ......... ], whose address is .........
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
(13) ASSIGNMENT OF DEED OF TRUST
........., beneficiary ....... of a deed of trust from ...... to ........., trustee for the undersigned dated ......... and recorded in Book ... page ... of the records of ......... county, New Mexico, hereby assign ......... the beneficial interest under said deed of trust and the obligation secured thereby to ........., whose address is .........
Witness ......... hand ...... and seal ...... this ...... day of ......., 19 ...
......... (Seal)
(Here add acknowledgment(s))
History: 1941 Comp., § 75-142, enacted by Laws 1947, ch. 203, Appx.; 1953 Comp., § 70-1-42; Laws 1975, ch. 135, § 1.
Statutory form does not preclude others. — The legislature has approved the use of a concise statutory mortgage form in this section; however, this form does not preclude the use of others. C & L Lumber & Supply, Inc. v. Texas Am. Bank/Galeria, 1990-NMSC-056, 110 N.M. 291, 795 P.2d 502.
Law reviews. — For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Specificity of description of premises as affecting enforceability of contract to convey real property - modern cases, 73 A.L.R.4th 135.

Structure 2021 New Mexico Statutes