0001| HOUSE BILL 137 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RICK MIERA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PROPERTY; REQUIRING CERTAIN INFORMATION TO BE | 0012| FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER | 0013| OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. TRANSFER OF AN INTEREST IN REAL PROPERTY--USE | 0017| OF AN AFFIDAVIT TO RECORD INFORMATION.-- | 0018| A. Except as indicated in Subsection B of this | 0019| section, a county clerk or his employee shall not accept for | 0020| recording or record a transfer instrument unless the transfer | 0021| instrument presented contains the county assessor's approval | 0022| stamp certifying the receipt of an affidavit that meets the | 0023| requirements set forth in this section. | 0024| B. The affidavit shall not be required for: | 0025| (1) a transfer instrument for the transfer of | 0001| residential property for no or nominal consideration; | 0002| (2) a transfer instrument that results from | 0003| the payment in full or forfeiture by a transferee under a | 0004| recorded transfer instrument; | 0005| (3) an instrument solely to provide or release | 0006| security for a debt or obligation; or | 0007| (4) an instrument arising out of a sale for | 0008| delinquent taxes or assessments. | 0009| C. Prior to presenting a transfer instrument for | 0010| recording, a person shall present the transfer instrument and | 0011| an affidavit to the county assessor. The affidavit shall be | 0012| signed by the tranferors and transferees of any interest in | 0013| residential property transferred by a transfer instrument. The | 0014| affidavit shall contain at least the following information: | 0015| (1) the complete names of all transferors and | 0016| transferees; | 0017| (2) the current mailing addresses of the | 0018| transferors and transferees; | 0019| (3) the legal description of the real property | 0020| interest transferred as it appears in the document of transfer; | 0021| and | 0022| (4) the full consideration, including money or | 0023| any other thing of value paid or exchanged for the transfer. | 0024| D. Upon receipt of the affidavit meeting the | 0025| requirements of this section, the county assessor shall place | 0001| the date of receipt on the original affidavit, shall retain the | 0002| original affidavit as a permanent record and shall stamp the | 0003| transfer instrument. The assessor shall make copies of the | 0004| original affidavit and shall index the affidavit copies in a | 0005| manner that permits cross-referencing to other records in the | 0006| assessor's office pertaining to the property described in the | 0007| affidavit. | 0008| E. Prior to January 1, 1998, the taxation and | 0009| revenue department shall print and distribute to each county | 0010| assessor affidavit forms for distribution to the public upon | 0011| request. | 0012| F. A transfer instrument erroneously recorded | 0013| without the county assessor's approval stamp certifying the | 0014| receipt of an affidavit shall not be void, voidable, invalid or | 0015| affected in any manner by a mistake or error in recording. | 0016| G. For the purposes of this section: | 0017| (1) "transfer instrument" means a document, | 0018| the execution and delivery of which by a transferor to a | 0019| transferee, that creates in the transferee a legal or equitable | 0020| ownership interest in residential property; and | 0021| (2) "residential property" means a dwelling | 0022| and the underlying real property designed for occupancy by one | 0023| to four families and includes mobile homes and condominiums. | 0024|  | 0025| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0001| HOUSE BILL 137 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PROPERTY; REQUIRING CERTAIN INFORMATION TO BE | 0012| FURNISHED TO COUNTY ASSESSORS IN CONNECTION WITH THE TRANSFER | 0013| OF AN INTEREST IN REAL PROPERTY BY A TRANSFER INSTRUMENT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. TRANSFER OF AN INTEREST IN REAL PROPERTY--USE | 0017| OF AN AFFIDAVIT TO RECORD INFORMATION.-- | 0018| A. Except as indicated in Subsection B of this | 0019| section, a county clerk or his employee shall not accept for | 0020| recording or record a transfer instrument unless the transfer | 0021| instrument presented is accompanied by an affidavit that meets | 0022| the requirements set forth in this section. | 0023| B. The affidavit shall not be required for: | 0024| (1) a transfer instrument for the transfer of | 0025| residential property for no or nominal consideration; | 0001| (2) a transfer instrument that results from | 0002| the payment in full or forfeiture by a transferee under a | 0003| recorded transfer instrument; | 0004| (3) an instrument solely to provide or release | 0005| security for a debt or obligation; | 0006| (4) an instrument arising out of a sale for | 0007| delinquent taxes or assessments; | 0008| (5) an instrument that is being recorded | 0009| solely for curative reasons to clear defects in the chain of | 0010| title; or | 0011| (6) a transfer instrument that results when | 0012| the state, a county or a city is a transferor or transferee. | 0013| C. When presenting a transfer instrument for | 0014| recording, a person shall present the transfer instrument and | 0015| an affidavit to the county clerk. The affidavit shall be | 0016| signed by the tranferors and transferees of any interest in | 0017| residential property transferred by a transfer instrument. The | 0018| affidavit shall contain at least the following information: | 0019| (1) the complete names of all transferors and | 0020| transferees; | 0021| (2) the current mailing addresses of the | 0022| transferors and transferees; | 0023| (3) the legal description of the real property | 0024| interest transferred as it appears in the document of transfer; | 0025| and | 0001| (4) the full consideration, including money or | 0002| any other thing of value paid or exchanged for the transfer. | 0003| D. Upon receipt of the affidavit meeting the | 0004| requirements of this section, the county clerk shall at no | 0005| additional cost present a copy of the recorded transfer instrument | 0006| and the affidavit to the county assessor who shall place the date | 0007| of receipt on the affidavit and shall retain it as a permanent | 0008| record. The county clerk shall not make a copy of the affidavit. | 0009| E. Prior to January 1, 1998, the taxation and revenue | 0010| department shall print and distribute to each county assessor | 0011| affidavit forms for distribution to the public upon request. | 0012| F. A transfer instrument erroneously recorded | 0013| without the receipt of an affidavit shall not be void, voidable, | 0014| invalid or affected in any manner by a mistake or error in | 0015| recording. | 0016| G. For the purposes of this section: | 0017| (1) "transfer instrument" means a document, the | 0018| execution and delivery of which by a transferor to a transferee, | 0019| that creates in the transferee a legal or equitable ownership | 0020| interest in residential property but does not include those that | 0021| are executed and delivered solely for curative purposes to cure | 0022| defects in the chain of title; and | 0023| (2) "residential property" means a dwelling and | 0024| the underlying real property designed for occupancy by one to four | 0025| families and includes mobile homes and condominiums. | 0001| Section 2. CONFIDENTIALITY.--The affidavit and its contents | 0002| are confidential and shall not be disclosed except: | 0003| A. to employees in the clerk's office and the | 0004| assessor's office and employees of the taxation and revenue | 0005| department, any of whom must have a demonstrated need for the | 0006| information in carrying out their official duties; | 0007| B. under an order of a court of competent | 0008| jurisdiction; | 0009| C. in connection with a protest under Section 7-38-21 | 0010| NMSA 1978; or | 0011| D. for statistical purposes if used in a way that the | 0012| information disclosed is not identifiable or identified as | 0013| applicable to any property owner or person in possession of the | 0014| property. | 0015| Section 3. EFFECTIVE DATE.--The effective date of the | 0016| provisions of this act is January 1, 1998. | 0017|  State of New Mexico | 0018| House of Representatives | 0019| | 0020| FORTY-THIRD LEGISLATURE | 0021| FIRST SESSION, 1997 | 0022| | 0023| | 0024| February 24, 1997 | 0025| | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0005| been referred | 0006| | 0007| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL | 0008| 137 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| Jerry W. Sandel, Chairman | 0019| | 0020| | 0021| Adopted Not Adopted | 0022| | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date | 0001| | 0002| The roll call vote was 8 For 4 Against | 0003| Yes: 8 | 0004| No: Crook, Gubbels, Parsons, Stell | 0005| Excused: Russell | 0006| Absent: None | 0007| | 0008| | 0009| G:\BILLTEXT\BILLW_97\H0137 | 0010| | 0011| FORTY-THIRD LEGISLATURE HJC/HB 137/a | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| March 17, 1997 | 0016| | 0017| Mr. President: | 0018| | 0019| Your JUDICIARY COMMITTEE, to whom has been referred | 0020| | 0021| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0022| HOUSE BILL 137 | 0023| | 0024| has had it under consideration and reports same with recommendation | 0025| that it DO PASS, amended as follows: | 0001| | 0002| 1. On page 4, between lines 11 and 12, insert the following | 0003| new subsection: | 0004| | 0005| "E. It is unlawful for any employees in the clerk's office | 0006| and the assessor's office and employees of the taxation and revenue | 0007| department to reveal to any individual other than as provided for in | 0008| this section any information contained in the affidavit." | 0009| | 0010| Respectfully submitted, | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| Fernando R. Macias, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| The roll call vote was 5 For 0 Against | 0002| Yes: 5 | 0003| No: 0 | 0004| Excused: Sanchez, Tsosie, Vernon | 0005| Absent: None | 0006| | 0007| | 0008| H0137JU1 | 0009| |