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I purchased a 2.5 acre plot on land from a widow several…

I purchased a 2.5...

I purchased a 2.5 acre plot on land from a widow several years ago, I assumed the taxes on this property in 2011. Upon paying off this property I was given notarized documents proving contractual debt was satisfied and I was provided Special Warranty deed. I attempted to purchase a home to place on this property only to be declined because I have paperwork but no deed of ownership. , but The widow remarried and lives in ABQ but I am unable to locate her.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have all the documentation pertaining to this property and proof of paid taxes but I need a General Warranty deed is what I have been told and that notarized documentation is not sufficient. I have made numerous improvements to this property and would like to be able to put in a home before the winter>

Lawyer's Assistant: Where is the land located?

99 Road 5005

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Bloomfield, NM

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Answered in 1 minute by:
5/17/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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You may need to go back to the county recorder's office because it seems as if they don't have any idea what's going on. Under Section 47-1-31 of the NM Statutes, the law says that a "special warranty deed" shall, when duly executed, have the force and effect of a deed in fee simple to the grantee. This means that a general warranty deed should not be required for something like this. Even if you had a quit claim deed where there are no warranties, that should have the same force as a general warranty deed as well. Could you help me understand what you mean when you were told you had "no deed of ownership" when you had a special warranty deed?

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Customer reply replied 3 months ago
Take your time in reviewing this situation.
Customer reply replied 3 months ago
I was using the statement made at San Juan County about the necessity of the General Warranty Deed which, according to them, is the Deed in fact.

I see. I'm having trouble verifying what they told you and it conflicts with everything I understand legally regarding the recording of deeds. Could you help me understand if they provided you any legal citation or other documentation that suggests that there is some legal authority for this?

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Customer reply replied 3 months ago
I cannot provide anything other than the fact that I was denied the ability to file the documents I have, they said I needed to hire an attorney which is $2500.00 more.

Understood. So, I don't think you would need an attorney for this and it seems like you were mislead. On their own website, they have the filing requirements listed:

Document Filing Requirements

  1. Document must be the original or a court certified copy.

 

  1. Property must be identified with a Grantor (seller) and Grantee (buyer).

 

  1. On Deeds the grantor must sign the document.

 

  1. Street address will not be accepted. A complete legal description is required for transfer of property.

  1. Notary information must be complete. Signature, date, seal, and expiration date is required.

 

  1. 1” x 4” space is required for the recording label on each page.

 

  1. Include contact information with all documents.

 

  1. Documents must be legible and reproducible after they have been scanned.
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There's nothing stating specifically that a general warranty deed is required. Moreover, the need for an attorney is non-existent either. Accordingly, I would go back there and explain that there is nothing that suggests that you need what they say you do and they are required to record your deed pursuant to the law. If not, then you could sue SJ County for their failure to do so and have a judge order them.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
Thank You!!

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