Chapter 14 — Chapter 14

A. A "county clerk recording and filing fund" is established in each county. B. Expenditures from the county clerk recording and filing fund shall be determined annually by the county clerk and approved by the board of county commissioners. C. Expenditures from the county clerk r…

History: 1978 Comp., § 14-8-12.3, enacted by Laws 1985, ch. 122, § 3; 1987, ch. 288, § 2; 2008, ch. 66, § 2; repealed by Laws 2011, ch. 134, § 24.

History: 1978 Comp., § 14-8-12.4, enacted by Laws 1985, ch. 122, § 4; repealed by Laws 2011, ch. 134, § 24.

acknowledgments.] The county clerk shall be allowed the following fees: for recording letters testamentary or of administration, one dollar [($1.00)]; for filing the bond of the executor or administrator, fifty cents [($.50)]; for order appointing guardian or curator, twelve and …

A. Records maintained in the office of the county clerk are available to be searched without charge during regular business hours. B. County clerks: (1) may charge reasonable fees for conducting searches and for reproducing or permitting reproduction of their records as well as f…

A. No county clerk shall receive any instrument of writing for filing or record unless the fees for such filing and recording have first been paid. B. Unless otherwise specified by law, the county clerk shall collect a recording fee of twenty-five dollars ($25.00) for each docume…

History: Laws 2011, ch. 134, § 22; repealed by Laws 2019, ch. 130, § 4.

authorized; recording. A. A person owning real property that is subject to property taxation under the Property Tax Code [Chapter 7, Articles 35 through 38 NMSA 1978] may file for record in the office of the county clerk of the county where the real property is located a legal de…

The county clerk shall record free of charge: A. oaths of public office made pursuant to Article 20, Section 1 of the constitution of New Mexico; B. the discharge papers of any person who was accepted for service and served in the armed forces of the United States for thirty days…

It is the duty of the county clerk to maintain permanently all documents that by law should be recorded. History: Laws 1855-1856, p. 18, § 2; C.L. 1865, ch. 88, § 2; C.L. 1884, § 430; C.L. 1897, § 777; Code 1915, § 4780; C.S. 1929, § 118-102; 1941 Comp., § 13-102; 1953 Comp., § 7…

When used in Chapter 14, Articles 1 through 5 and 8 through 10 NMSA 1978, "book" includes microfilm and digitized documents. History: 1953 Comp., § 71-1-2.1, enacted by Laws 1963, ch. 52, § 1; 2011, ch. 134, § 6.

recording of duplicates. A. Any original instrument of writing duly acknowledged may be filed and recorded. Any instrument of writing not duly acknowledged may not be filed and recorded or considered of record, though so entered, unless otherwise provided in this section. B. For …

All recordings of unacknowledged mining location notices and amended or additional notices made pursuant to Sections 69-3-1, 69-3-2, 69-3-12 or 69-3-21 [repealed] NMSA 1978, and the record thereof in the office of the county clerk, are hereby confirmed and made valid, the provisi…

When any land title or other document is delivered to the county clerk to be recorded, it is the clerk's duty to endorse immediately on that document or other paper the day, month and year in which the clerk received it, and the clerk shall record it in the book of record as soon…

It is the duty of county clerks in this state in recording all instruments of writing that by law they are required to record to do so by a method that ensures permanency and durability. The county clerk of each county in the state shall provide, at the expense of the clerk's res…

History: Laws 1923, ch. 114, § 2; C.S. 1929, § 118-115; 1941 Comp., § 13-106; 1953 Comp., § 71-1-6; repealed by Laws 2011, ch. 134, § 24.

It is the duty of the county clerks to keep their books of record well secured, and when they leave office as clerks, they shall deliver them complete to their successors, including all necessary keys, combinations and passwords. History: Laws 1855-1856, p. 18, § 4; C.L. 1865, ch…

A. Except as provided in this section, all documents filed and recorded in the office of the county clerk are public records. B. The county clerk shall publicly post in the office of the county clerk and on the county's web page a notice that documents recorded in the office of t…

All deeds, mortgages, leases of an initial term plus option terms in excess of five years, or memoranda of the material terms of such leases, assignments or amendments to such leases, leasehold mortgages, United States patents and other writings affecting the title to real estate…

Such records shall be notice to all the world of the existence and contents of the instruments so recorded from the time of recording. History: Laws 1886-1887, ch. 10, § 2; C.L. 1897, § 3954; Code 1915, § 4787; C.S. 1929, § 118-109; 1941 Comp., § 13-202; 1953 Comp., § 71-2-2.

No deed, mortgage or other instrument in writing not recorded in accordance with Section 14-9-1 NMSA 1978 shall affect the title or rights to, in any real estate, of any purchaser, mortgagee in good faith or judgment lien creditor, without knowledge of the existence of such unrec…

The time of the recording of an instrument shall be the time of its deposit in the office of the county clerk and his entry thereof in the reception book as herein provided. It shall be the duty of every county clerk immediately on the receipt for record of any deed, mortgage or …

ANNOTATIONS Repeals. — Laws 1987, ch. 218, § 1 repealed 14-9-5 NMSA 1978, as enacted by Laws 1886-1887, ch. 10, § 5, relating to deed and mortgage records, effective June 19, 1987.

None of the provisions of this chapter shall be so construed as to extend to last wills and testaments. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 23; C.L. 1884, § 2770; C.L. 1897, § 3967; Code 1915, § 4794; C.S. 1929, § 118-118; 1941 Comp., § 13-208; 1953 Comp., § 71-…

filing in lieu of recording; maximum fee. A. The state, the public boards and commissions thereof, municipalities, districts and subdivisions of the state, including conservancy and irrigation districts, shall be entitled to have instruments affecting real estate which have been …

Any person or persons who have acquired and hold any real estate by purchase or otherwise, and have lost or are unable to procure the original patent issued by the United States for such real estate, and such patent never having been recorded in the office of the county clerk of …

realty.] A transcript of any money judgment obtained in the United States district court for the district of New Mexico, may be filed in the office of the county clerk of any county, wherein the judgment debtor or debtors have property, and when so filed and entered in the judgme…

This act [14-9A-1 to 14-9A-7 NMSA 1978] may be cited as the "Uniform Real Property Electronic Recording Act". History: Laws 2007, ch. 261, § 1.

As used in the Uniform Real Property Electronic Recording Act: A. "document" means information that is: (1) inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form; and (2) eligible to be recorded in the land r…

A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying the Uniform Real Property Electronic Recording Act. B. If a law requires,…

A. In this section, "paper document" means a document that is received by the county clerk in a form that is not electronic. B. A county clerk: (1) who implements any of the functions listed in this section shall do so in compliance with standards established by the information t…

A. The information technology commission and the state commission of public records, in consultation with the county clerks of New Mexico, shall adopt standards to implement the Uniform Real Property Electronic Recording Act. B. To keep the standards and practices of county clerk…

In applying and construing the Uniform Real Property Electronic Recording Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2007, ch. 261, § 6.

Commerce Act. The Uniform Real Property Electronic Recording Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede Section 101(c) of that act or authorize electronic delivery of any of the…

For the convenience of the public and the better preservation of titles to real property, there shall be a complete and accurate county recording index made of all instruments of record affecting real property made by the county clerk of each county. History: Laws 1903, ch. 87, §…

For the purpose of the county recording index created pursuant to Section 14-10-1 NMSA 1978, the county clerk shall maintain a searchable database, which may include index books, and all instruments affecting title to real estate shall be indexed. History: Laws 1903, ch. 87, § 2;…

The county recording index shall contain, at a minimum: A. the following administrative fields: (1) the book and page or instrument number; and (2) the date and time of recordation; and B. the following descriptive fields: (1) the name of the grantor or grantors; (2) the name of …

Each name, descriptor or reference placed in a descriptive field constitutes a separate entry in the county recording index. All real property or lands shall be entered and described in the county recording index in the manner indicated, according to numbers, metes or bounds; pro…

The form of county recording index provided in Chapter 14, Article 10 NMSA 1978 shall be the standard form of index and shall be used throughout the state. History: Laws 1903, ch. 87, § 5; Code 1915, § 4802; C.S. 1929, § 118-126; 1941 Comp., § 13-305; 1953 Comp., § 71-3-5; 2013, …

Any notice or other written matter whatsoever required to be published in a newspaper by any law of this state, or by the order of any court of record of this state, shall be deemed and held to be a legal notice or advertisement within the meaning of this act [14-11-1 to 14-11-4,…

Except as provided in the [Uniform] Probate Code [Chapter 45 NMSA 1978], all legal notices in connection with suits in the district courts, including notices of sale of property under any writ of execution, judgment, decree or other process issued out of the district court, and a…

In order to allow the general public to determine the location of real property being described in a legal notice, all legal notices containing a legal description of real property shall also contain a simple description of the real property in commonly used terms sufficient to i…

A. Legal notices and advertisements of a state agency shall be posted on the state agency's web site. If a county, municipality, board of education or other political subdivision of the state has a web site, it shall post its legal notices and advertisements on its web site. Elec…

proceedings; language requirements.] All publications of proceedings of boards of county commissioners, city and town councils, boards of trustees, boards of education or school directors and of all other officers of any county, municipality, district or other subdivision of the …

All legal process against nonresidents, unknown or absent parties, notices of sale of real estate under foreclosure of mortgages or executions, trespass warnings and other documents, the publication of which is required by law to be made by posting written or printed notices in p…

For the purpose of publishing legal notices in Spanish as required by law for any agencies of the state, the Santa Rosa News published at Santa Rosa, the Santa Fe New Mexican and the Santa Fe News, both published at Santa Fe, El Hispano and El Semanario de Nuevo Mexico, both publ…

advertisement. Any and every legal notice or advertisement shall be published in a daily, tri-weekly, a semi-weekly or a weekly newspaper of general circulation that can be obtained by single copy and that is entered under the second class postage privilege in the county in which…

Except as otherwise provided by law in express terms or by necessary implication, daily, weekly, semiweekly and triweekly newspapers shall all be equally competent as media for the publication of all legal notices and advertisements. History: Laws 1937, ch. 167, § 4; 1941 Comp., …

Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, business manager, editor, publisher or proprietor of the newspaper in which the publication is made, or by any other competent person who has personal knowledge of the …

Proof of the publication of any notice required by law to be published shall be made by the publisher, editor or business manager of the newspaper in which said notice is published, making an affidavit, which affidavit shall recite the name of the newspaper in which said notice i…