New Mexico Property Records

Along with having numerous UFO sightings, New Mexico also hosts the largest hot-air balloon festival in the world. The Pueblos were one of New Mexico's first inhabitants, dating back to 400 BCE. New Mexico has some of the flattest land in the county, along with mountains, forests, mountain streams, and some fascinating rock formations. Seventy-five percent of New Mexico's streets are unpaved and made of clay, stone, or dirt. New Mexico has 2.113 million residents, meaning a substantial amount of property records.

Property records are essential documents that every homeowner in New Mexico should be familiar with. They impact realtors, attorneys, local government, the state, and property owners and come in quite handy in certain situations.

Keep reading to learn all about New Mexico property records, what they are, how they are used, the various types, where they are filed and stored, and how to maintain yours when life changes.

What Are Property Records in New Mexico?

New Mexico property records are documents, forms, and reports that contain valuable information about real property and its owners. They are created by realtors, title companies, insurance professionals, government offices, attorneys, courts, assessors, appraisers, and even private companies. Some records have more detail, and others less.

Property History Search Can Include

During a property history search, you can learn a lot about a property and its current and past owners. You might be surprised at how much detail is available. You may have to consult various types to get the whole story, but it is well worth it.

Some of the things that a property history search may reveal include:

Property Address
Detailed Legal Property Description
Current Owner's Name and Address
Historical Owners
Property Inspections
Appraisals / Property Value
Deeds
Liens
Tax Records
Mortgage Records
Bankruptcies
Foreclosures
Plat Maps
Surveys
Easements / Conveyances
Property Details
Lot Size
Zoning
Boundary Lines

Sources of Property Records in New Mexico

It would be great if all property records were stored in one place, but they are not. They are scattered among many different government offices, private companies, and state agencies. For instance, if you want to file a deed in New Mexico, you must visit the county clerk's office where the property resides. Bernalillo County has more information about that. County tax assessors set tax rates for each county, and the county tax collector collects the money. Both tax officials are governed by the New Mexico Taxation and Revenue Department. The local town and city governments handle building permits to build new construction, add on, or demolish a building. The city of Albuquerque has a helpful web page explaining how to apply for a permit.

How are Land Records Different from Property Records?

Land records in New Mexico refer to land patents, deeds for acquired lands, pueblo land reports, cadastral surveys, mining claims, and hunting maps. The Bureau of Land Management has detailed information on these items and more. Property records, however, cover a lot more ground and delve deeply into other topics regarding real property.

The Role of the County Clerk

Each county clerk in New Mexico has a very important role. They are the guardians of property and other types of records. They accept, file, and record land and vital records. They are also responsible for fair elections and transparency. The county clerk must provide public records to anyone asking for them upon request.

How Property Records are Maintained in New Mexico

Each county clerk has their own system for filing and maintaining records. However, when they receive a new document, like a deed, they stamp it with the date, time, and a unique identifier so they can find it easily later.

Accessing Records at the County Clerk in New Mexico

Property records are public; therefore, anyone can request and review copies. You can visit the county clerk's office during regular business hours and ask for copies. They may charge you a small per-page fee. To help get you started, here are a few county websites:

County Clerk Locations in New Mexico

The New Mexico Secretary of State has compiled this handy list of all county clerks in the state to help you find the one you need easier.

Types of Property Records

When performing a property history search, you will come across many different types of property records. Some you may have heard of, some you may not. You should review as many as possible to get the complete picture. The most common property records you will find in New Mexico are:

Deeds and Conveyance Records

Deeds are the most common type of property record. They transfer ownership of real property and often include easements, covenants, maps, and plats. They also verify property ownership when needed. Your deed is a valuable document; keep it safe.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

Name of the Seller/Grantor and Buyer/Grantee.
A detailed description of the property.
Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
Conveyance language explaining the ownership transfer from one person or entity to another.
Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Property taxes pay for road maintenance, schools, government officer's salaries, police, fire, and EMTs. Every county sets its own tax rate, and each homeowner must pay their fair share. Local county tax assessors determine the value of each home and set the tax rate. Local county tax collectors bill homeowners each year. If you fail to pay your annual taxes, the county can put a lien on the property and eventually foreclose.

New Mexico has relatively low property taxes, with a median effective tax rate of 0.73%. That means the average homeowner pays around $1,557 in taxes each year.

The following information may appear in a property tax record in New Mexico:

Property Value - The document should show the property's value as determined by an assessor. The value is important in determining the owed taxes.
Tax Rate - The record should identify the taxing jurisdiction of the property and the tax rate.
Methods of Paying - The record should include information on how to contribute to the taxes, the minimum contribution amount, and how frequent the payments should be.
Property Description - The document should include a property description. It could be a full legal description or a general one.
Owner's Name - The document must outline the property owner (s) name and address.

How Often is Property Tax in New Mexico Assessed?

Easements and Covenants

Easements and covenants often accompany deeds. They dictate specific uses of the land. Easements are rights of way providing access to the property to someone other than the owner. For example, if a wireless company installs towers on private land, they can access the towers to maintain them without asking the owner first. If the owner sells the land, any new owners must respect the arrangement.

Covenants are rules about how a property may be used. You see these in condo developments and gated communities. An example might be how common grounds can be used. No one owner would be able to have a party in a jointly owned field without permission from everyone else.

Plats and Surveys

Plats and surveys are types of maps; they differ slightly. Plats contain the boundaries of all neighboring properties, whereas surveys show only the boundaries of the target property.

A standard survey should include information such as:

Property Description - A legal description of the property may be included in the survey, including information such as lot numbers, section, township, range, and other pertinent identifying data that uniquely identify the property.
Boundary Lines - The survey document will show the property's boundary lines. It provides property corner measurements, specific positions, and angles and distances between them.
Monuments and Markers - The document may include information about existing monuments or markers on or near the property lines. Monuments are tangible reference points for determining property boundaries, such as metal pins, concrete markers, or natural features.
Physical Features - Significant physical features on or near the property, such as buildings, fences, water bodies, roads, or other prominent landmarks, may be noted in the survey. These elements give context and visually depict the property's limits.
Encroachments or Easements - Any encroachments or easements that impact the land may be in the survey. Encroachments are structures or improvements from surrounding properties that extend beyond the limits of the property. In contrast, easements are rights provided to others for specified uses such as access or utilities.

Historical Property Records

When land records become too unmanageable, many states like New Mexico offload older records into an archive area, keeping only current records active. The New Mexico Commission of Public Records, State Records Center and Archives is responsible for all historical property records.

Building Permits and Regulations in New Mexico

Building permits are handled at the town/city level in New Mexico. Each city's department of development or building inspector will have a process for applying for a building permit. Building permits are required to build new, renovate, upgrade, and demolish buildings. The New Mexico government has a guide on building permits that you might find helpful.

How Can I Search for Property Records?

There are many situations where property records come in handy. Thankfully, when searching for property records, you have many options available to you. Use one or more of the methods below to search for New Mexico property records.

Online Property Record Search

Your first search should be a generic online property record search. Try entering the property's full address into a search bar and see what comes up. You will probably see realty sites and estimated values, but not much more. If so, dig a little deeper.

In-Person Property Record Search

Visit one of the local county offices where the property is located and ask to see records pertaining to the property. Provide the full address when requesting. If they are busy, you may have to wait, and they may charge you a per-page fee.

Using Property Record Indexes

There are also dozens of online property indexes you could try. Just be careful; these sites are known to have inaccurate, outdated records. Verify the accuracy of anything you find here.

Utilizing Commercial Services

Using a professional property records service like PropertyChecker is the only way to go. You can find millions of nationwide records within minutes. You don't have to visit multiple locations; everything is in one place at your fingertips.

How to Search Property Records by Address

The best way to search is by using the property address. Type in the full property address, including city, state, and zip, into a search engine to see what comes up.

How to Search Property Records by Name

You can sometimes search with the owner's name, but this is not always effective. Give it a try, though, and verify that you have the most current owner's name.

Understanding Property Ownership in New Mexico

Owning your own home is a fabulous feeling. However, homeowners must maintain the property to keep its value up and pay mortgage payments, taxes, and interest to avoid losing the home. When you sign a contract to buy a house, both your mortgage and deed will become public records.

Identifying Property Owners

If you need to identify a property owner, you can do so easily. Contact the local county clerk's office where the property is located and ask to see the most current deed. The owner's name and address will be found there.

Chain of Title

The chain of title refers to the complete list of everyone who has ever owned the property going back to the first owner. This chain of title is documented through deeds at the local county clerk's office.

Ownership History and Transfers

Property usually changes hands through a real estate sale, but not always. Some people leave property to heirs in their will or gift it to them before death. Some sign over the deed to their homes to avoid foreclosure or to pay off a debt.

Property Descriptions and Boundaries in New Mexico

You probably don't think about the legal property description. Every piece of real property has a legal description. It contains map coordinates for the exact location and a written description, including natural landmarks, so you can find them easily.

Surveys and Land Measurements

Surveys are special processes that measure land and derive the exact boundaries. They are used before building new construction, installing utilities, and in boundary disputes.

Boundary Disputes and Resolutions

A boundary dispute occurs when one party believes another is trespassing on their land across boundaries. These can get heated and end up in court. To resolve the issue, a judge hires professional surveyors to measure the land and establish precisely where the boundaries lie.

Liens, Encumbrances, and Property Records in New Mexico

Encumbrances like liens can be detrimental to the property and its owners. Too many liens and the property values drop. Since liens are public records, the owner's financial reputation may also suffer. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you control. You willingly choose to use your home as collateral to secure a loan. The lender puts a lien on the property to protect itself, and if you default on the loan, they can foreclose and sell it to get their money back.

Mortgage Liens

Mortgage liens are very common and not necessarily damaging. When you take out a mortgage, you agree to let the bank put a lien on the home in return for lending you the money. That lien will remain active until you pay off the loan.

A mortgage in New Mexico normally includes the following information:

Parties of the Mortgage - The mortgage paperwork specifies the borrower's (mortgagor's) and lender's (mortgagee's) names and contact information.
Property Description - The mortgage contains a complete description of the mortgaged property, including its address, legal description, and any applicable identifiers.
Loan Terms - The mortgage must outline the loan's terms and circumstances, such as the loan amount, interest rate, repayment schedule, and any applicable fees or penalties.
Rights and Obligations - The agreement states both the borrower's and the lender's rights and obligations, such as the borrower's obligation to make regular mortgage payments and the lender's right to foreclose on the property in the event of failure.

Involuntary Liens

Involuntary liens are those which you do not choose. They are imposed against your will because you have failed to pay a debt. These types of liens frequently lead to foreclosure and the loss of your home.

Mechanic's Liens

Material suppliers, laborers, landscapers, and contractors can use a mechanic's lien if a homeowner does not pay them for materials or work performed on the property. In New Mexico, the person has only 20 days from supplying the last materials or labor to file for a mechanic's lien. If not paid within 90 days, the contractor can sue the homeowner in court and foreclose to get paid.

Tax Liens

Everyone must pay annual property taxes. If you fail to pay your property taxes, the county can put a tax lien on your property. Eventually, they will foreclose and sell your house at auction to the highest bidder. Typically, they sell foreclosure houses for far less than fair market value.

Judgment Liens

Creditors use judgment liens to get paid a debt you owe. They must take you to court and sue. Once they win, they can foreclose and sell your property to get paid back.

The Process of Property Liens in New Mexico

There are different procedures for putting a lien on a property depending on the type of lien. Here is a breakdown of filing for a mechanic's lien in New Mexico:

Like most states, claimants must send a preliminary notice before recording the lien. It is considered the first step in the lien process. The second stage is filling out the lien form. A lien form in New Mexico should include the amount owed, a description of the work done or supplies provided with the first and last dates, the name and address of the property owner, a description of the property, and the claimant's name and contacts. The lien form should also come with a copy of the contract or outline the terms of the contract.
The third step is filing the lien at the County Clerk's office. The best method is to file in person, as the offices have strict requirements and fees. Some counties allow e-recording, but the claimant should have the right fees and requirements.
After filing, the claimant has the right to enforce the lien. New Mexico does not require claimants to serve the lien to the property owner as filing suffices. The claimant has two years to enforce the lien.

Property Records and Real Estate Transactions in New Mexico

Property records really shine in real estate transactions. Many of the participants in the deal will use property records to gather information. The realtor, attorney, title company, and even buyer may use them to find things out and make an informed decision. New records are created during the process that will eventually replace older ones.

Buying Property: Due Diligence

Before buying property, you want to learn as much as possible about it. Use property records to fill in any blanks, check the value, insurance, and taxes, and look for any liens or other negative items.

Selling Property: Providing Disclosure

When selling property in New Mexico, you must disclose to any potential buyers any material defects you are aware of, such as a leaky roof, crumbling foundation, or the use of asbestos or lead paint in the home.

Title Searches and Insurance

If you take out a mortgage to buy the home, your lender will require you to purchase title insurance. This policy protects you and them from any legal claims on the property after the sale. Your attorney or title company representative will perform a property title search, looking for any issues that could derail the sale.

Foreclosure and Property Records in New Mexico

Foreclosures are serious business and appear in public property records. They can complicate the sale of a property and lower its value. Many regular buyers won't want to deal with the hassles of buying a foreclosure home. However, investors sometimes look for them.

Pre-Foreclosures in New Mexico

Pre-foreclosure homes mean they have not yet been sold at auction. These homes are very attractive to investors who want to buy a home cheaply and sell it for a profit. They offer the owner a low price (less than fair market value) to help them get out of debt and avoid foreclosure while making some money.

When was the House Built?

It is very easy to find out when a house was built. Contact the local county clerk's office and ask to see the first building permit. That will tell you when the house was first built.

Property Records and Property Values

Property values are essential information regarding real property. They can change quickly due to the economy, inflation, and the local real estate market, and of course, they are always affected by the location and condition of the home. The fair market value (FMV) is the standard used by appraisers, assessors, and realtors to measure how a property compares with others.

Assessments and Appraisals

Professionals use assessments and appraisals to determine a property's value, and tax officials use assessments to determine the value and set tax rates in the local area. Assessment values do not always match the fair market value of the home. Appraisers use one of the various calculation methods to determine a property's fair market value. Most often, they compare similar "sold" homes in the area.

Factors that Determine Property Values in New Mexico

Besides location, proximity to infrastructure, low crime rates, and good school districts, the following may also explain higher property values in some areas of New Mexico:

Pueblo Revival Style Architecture - New Mexico has a rich cultural past with houses incorporating traditional Southwestern architecture, such as adobe-style homes, kivas, vigas (wooden beams), and flat roofs. Regions with such homes might command a premium price.
Proximity to Historical and Cultural Monuments - New Mexico is noted for its rich Native American, Hispanic, and colonial heritage. Property near significant cultural and historical monuments, such as old Pueblo ruins, Spanish missions, or renowned art galleries and museums, may be worth more.
Proximity to Outdoor Recreation - Hiking, skiing, camping, and fishing are popular in New Mexico. Because of their accessibility and proximity to popular recreational locations such as the Sandia Mountains, White Sands National Park, and Taos Ski Valley, properties near these natural attractions may have greater value.
Energy Sector - New Mexico has a strong presence in the energy industry, in oil and gas production and renewable energy. Property values in areas with active energy exploration or renewable energy projects may rise due to the economic activity associated with these businesses.

Privacy and Property Records

Property records are public, and you cannot keep them private. Deeds need to be filed and recorded with the county clerk to be legal. Anyone can access public property records anytime, in person or online.

Why are Property Records Public?

Property records are public for two reasons. First, they prevent any one government office from having too much power over the people. Second, they maintain the public chain of title, showing every owner of a piece of real property.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your information from public property records. However, removing some of your information can minimize your exposure to identity theft and fraud. Contact all the agencies that hold your records and ask them to remove anything beyond your name and address. You do not want your email address or phone number floating around out there.

Maintaining and Amending Property Records

You are responsible for maintaining your property records. The agency that holds them will not be automatically notified of any changes in your life, so it's up to you to keep them current.

Correcting Errors on Property Records

Sometimes, property records contain errors. Even if you don't notice them right away, be sure to fix them. Contact the local government office and ask them to correct the mistakes. You may have to supply source documentation proving the error.

Amending Property Records for Legal Changes

It's also essential to update property records when someone dies. To do this, bring the death certificate and will (naming a new owner) to the county clerk's office and ask them to draft a new deed with the new owner's information.

How to Change the Name on Property Records in New Mexico

If your name changes for legal reasons, such as marriage or divorce, you may want to change your property records. Bring your divorce decree or marriage certificate to the county clerks and ask them to update the records. They will have a process and a form for you to fill out.

What Should I Consider When Buying a Property Using Property Records?

You must consider many things before buying property in New Mexico. Property records can help you determine the value, annual property taxes, insurance, liens, and foreclosures. Use PropertyChecker as your one-stop shop for all types of property records. You will have access to millions of nationwide property records to browse.

New Mexico County Property Records