Transfer Declaration Affidavit Form (Page 2 of 2) in pdf

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 or 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 and

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 appear 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 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 and on a copy of the affidavit. The county assessor shall retain the original affidavit as a confidential

record and as proof of compliance and shall return the copy marked with the date of receipt to the person presenting the

affidavit. 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 transferring nonresidential property;

(2) 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;

(3) a lease of or easement on real property, regardless of the length of term;

(4) 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 named grantor or grantee and authorized transferor or transferee;

(5) a quitclaim deed to quiet title or clear boundary disputes;

(6) a conveyance of real property executed pursuant to court order;

(7) a deed to an unpatented mining claim;

(8) an instrument solely to provide or release security for a debt or obligation;

(9) an instrument that confirms or corrects a deed previously recorded;

(10) an instrument between husband and wife or parent and child with only nominal actual consideration therefore;

(11) an instrument arising out of a sale for delinquent taxes or assessments;

(12) an instrument accomplishing a court-ordered partition;

(13) an instrument arising out of a merger or incorporation;

(14) an instrument by 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;

(15) an instrument from a person to a trustee or from a trustee to a trust beneficiary with only nominal actual consideration

therefore;

(16) an instrument to or from an intermediary for the purpose of creating a joint tenancy estate or some other form of

ownership; or

(17) an instrument delivered to establish a gift or a distribution from an estate or 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.

(laws 2003, Chapter 118, Section 2)

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).

** Examples of Types of Sales or Financing:

Assumption (of existing loan) Federal Housing Administration

Cash Federal National Mortgage Association

Cash to Loan Owner Finance

Conventional Loan Real Estate Contract

Farmers Home Administration Veterans Administration

Transfer Declaration Affidavit Form Page 2

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