This form is a Special Warranty Deed where the Grantor is a Trust and the Grantee is an individual. Grantor conveys the property with specia warranty covenants to the Grantee. This deed complies with all state statutory laws.
New Mexico Special Warranty Deed - Trust to an Individual
Category:
State:
New Mexico
Control #:
NM-030-78
Format:
Word;
Rich Text
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How to fill out New Mexico Special Warranty Deed - Trust To An Individual?
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FAQ
A quitclaim deed can be used to transfer property from a trust, but a Special Warranty Deed seems to be a more common way to do this.
Locate the deed that's in trust. Use the proper deed. Check with your title insurance company and lender. Prepare a new deed. Sign in the presence of a notary. Record the deed in the county clerk's office.
It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.
Step 1 Write in the name of the grantor or seller. Step 2 Fill in the name and address of the grantee or buyer. Step 3 Specify the property information including county, lot, block and recording information. Step 4 Sign and date in the presence of a notary public.
Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.
A special warranty deed to real estate offers protection to the buyer through the seller's guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.
Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.
The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state's legal regulations, to help avert any legal challenge to the deed later.