New Mexico Disclaimer Deed

State:
Multi-State
Control #:
US-01994BG
Format:
Word; 
Rich Text
Instant download

Description

A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.

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FAQ

A New Mexico deed is used to legally convey real estate between parties in New Mexico. In order to transfer property, with a deed, you will need the names of the seller, or grantor, the names of the buyer, or grantee, the legal description of the property and an acknowledgment by a notary public.

A New Mexico transfer-on-death deed, or TOD deed, is authorized under the Uniform Real Property Transfer on Death Act to transfer property upon the death of the owner. A property owner may use a TOD deed to designate a beneficiary while the owner is alive, but the transfer occurs only when the property owner dies.

If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.

There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in each county where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each county where the property is located.

New Mexico law requires Form RPTDA when a deed transfers residential real estate to a new owner. A completed Form RPTDA must be signed by the current owner, new owner, or authorized agent and filed with the county assessor within 30 days after the deed is recorded.

There are legal problems relating to the transfer by death deed, such as disagreements on the property's legal description, the sufficiency of the deed, or the beneficiary's rights. These disagreements result in expensive and drawn-out court fights.

A New Mexico deed of trust assigns a real estate title to a trustee to keep until a loan has been repaid from the owner of the property (the ?borrower?) to the provider of the loan (the ?lender?).

Yes. The TODD is for any real estate located in New Mexico. Any existing leases would continue in effect after the owner's death.

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New Mexico Disclaimer Deed