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Any person or corporation who holds any right or title to real estate in New Mexico may convey such real estate, subject to the provisions in the New Mexico Statutes (NMSA 47-14). One such real estate document that can be used in a conveyance between a grantor and grantee or a grantor and join tenants is a quit claim deed, which has the force and effect of a deed in fee simple to the grantee, his heirs, and assigns, to his and their own use of any interest the grantor owns in the real property (47-1-30). A quit claim deed must be duly executed and must pertain to real estate located in New Mexico in order to operate in the aforementioned manner. It is important to note that a New Mexico quit claim deed does not contain warranties, which means the grantor does not claim to be in lawful possession of the granted premises, or that the granted real property is free from former or other grants, bargains, sales, taxes, assessments, and encumbrances. Further, the grantor to a quit claim deed in New Mexico does not claim that he has good right to sell and convey the real property. The New Mexico Annotated Statutes offers further information, specifically the Property Law chapter. |
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