Title Company:
File Number:
State of New Mexico
Real Property Transfer Declaration Affidavit
Transferor(s)/Seller(s) Full Name(s) and Mailing Address(es)
Transferee(s)/Buyer(s) Full Name(s) and Mailing Address(es)
Physical Location of the Property Consideration / Sales Information
Assessor’s Parcel ID * :
Date of Sale :
Physical Address :
Total Sales Price :
$
City/Town/Village/Zip :
Value of Personal Property :
$
Legal Description
(May attach deed or instrument of conveyance):
Type of Financing:
Down Payment :
$
Interest Rate :
%
Number of Years Financed :
Was this an arms length transaction?: YES NO Are the buyer and seller related?: YES NO
If this affidavit is not required under Section 7-38-12-1, enter the reason. (see back)
Structure Type and Description
Single Family Dwelling:
Manufactured Home:
Duplex:
Multi Family Apartments:
Other:
If Other, brief explanation
Signature of: Seller Buyer Representative
______________________________________________ Date Signed: _______________________________
Print Name of Signatory: ______________________________________________________________
Acknowledgement of individual or in Representative Capacity:
State of ___New Mexico__________)
County of _______________________)
Signed and sworn to (or affirmed) before me this ______ day of
____________________________ , 20_ _
by ________________________________
Name of affiant (or Representative if applicable)
_______________________________________
Notary Public
My commission expires: _________________________
* Parcel ID located on the Notice of Value/Tax Bill owner receives from Assessor/Treasurer, can be
obtained from the Assesor’s Office
Pursuant to Section 7-38-12.1 and 7-38-12.2, NMSA 1978
Form developed from NM Taxation and Revenue Department Form
See reverse side for statute information
2004 V-61SA
7-38-12.1. PROPERTY TRANSFERS--AFFIDAVIT TO BE FILED WITH ASSESSOR. (2003)
A. After January 1, 2004, a person presenting a deed, real estate contract or memorandum of real estate contract for recording
with a county clerk shall also file with the county assessor within thirty days of the date of filing with the county clerk an affidavit
signed and completed in accordance with the provisions of Subsection B of this section.
B. The affidavit required for submission shall be in a form developed by the property tax division and signed by the transferors or
their authorized agents or the transferees or their authorized agents of any interest in real property transferred by deed or real
estate contract. The affidavit shall contain at least the following information to be used only for analytical and statistical
purposes in the application of appraisal methods:
(1) the complete names of all transferors and transferees;
(2) the current mailing addresses of all transferors and transferees;
(3) the legal description of the real property interest transferred as it appears in the document of transfer;
(4) the full consideration, including money or any other thing of value, paid or exchanged for the transfer; and
(5) the value and a description of personal property that is
included in the sale price.
C. Upon receipt of the affidavit required by Subsection A of this section, the county assessor shall place the date of receipt on the
original affidavit. The county assessor shall retain the original affidavit as a permanent, confidential record and as proof of
compliance. The assessor shall index the affidavits in a manner that permits cross-referencing to other records in the
assessor's office pertaining to the specific property described in the affidavit. The affidavit and its contents are not part of the
valuation record of the assessor.
D. The affidavit required by Subsection A of this section shall not be required for:
(1) a deed that results from the payment in full or forfeiture by a transferee under a recorded real estate contract or
recorded memorandum of real estate contract;
(2) a lease of or easement on real property, regardless of the length of term;
(3) a deed, patent or contract for sale or transfer of real property in which an agency or representative of the United
States, New Mexico or any political subdivision of the state is the named grantor or grantee and authorized transferor or
transferee;
(4) a quitclaim deed to quiet title or clear boundary disputes;
(5) a conveyance of real property executed pursuant to court order;
(6) a deed to an unpatented mining claim;
(7) an instrument solely to provide or release security for a debt or obligation;
(8) an instrument that confirms or corrects a deed previously recorded;
(9) an instrument between husband and wife or parent and child with only nominal actual consideration therefor;
(10) an instrument arising out of a sale for delinquent taxes or assessments;
(11) an instrument accomplishing a court-ordered partition;
(12) an instrument arising out of a merger or incorporation;
(13) an instrument by a subsidiary corporation to its parent corporation for no consideration, nominal consideration or in
sole consideration of the cancellation or surrender of the subsidiary's stock;
(14) an instrument from a person to a trustee or from a trustee
to a trust beneficiary with only nominal actual consideration therefor;
(15) an instrument to or from an intermediary for the purpose
of creating a joint tenancy estate or some other form of ownership; or
(16) an instrument delivered to establish a gift or a distribution
from an estate of a decedent or trust.
E. The affidavit required by Subsection A of this section shall not be construed to be a valuation record pursuant to Section 7-38-
19 NMSA
1978.
F. Prior to November 1, 2003, the department shall print and distribute to each county assessor affidavit forms for distribution to
the public
upon request.
7-38-12.2. Penalties. (2003)
A. A person who intentionally refuses to make a required report within the time period specified under the provisions of Section 7-
38-12.1 NMSA 1978 or who knowingly makes a false statement on an affidavit required under the provisions of Section 7-38-
12.1 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be punished by the imposition of a fine of not more than
one thousand dollars ($1,000).
B. The secretary, any employee or any former employee of the department or any other person subject to the provisions of
Section 7-38-12.1 NMSA 1978 who willfully releases information in violation of that section, except as provided in Section 7-
38-4 NMSA 1978 or as part of a protest proceeding as defined in Section 7-38-24 NMSA 1978, is guilty of a misdemeanor and
shall be fined not more than one thousand dollars ($1,000).
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