Recording a deed in Bernalillo County, New Mexico
Everything you need to get a deed on file in Bernalillo County. The office that records it, the formatting it checks, what it costs, and the three ways to submit.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None found
- First-page margin
- 3″ top
- Recording fee
- $25 per document
- E-recording
- Approved submitters
Recording a deed in Bernalillo County
Deeds affecting property in Bernalillo County, New Mexico are recorded with the Bernalillo County Clerk. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed still transfers title between the parties, but until it is recorded it does not bind a later buyer, lender or judgment creditor who does not know about it (N.M. Stat. Ann. § 14-9-3). Recording gives notice to everyone from that moment (§ 14-9-2).
The recording rules the office applies come from N.M. Stat. Ann. § 14-9-1. Deeds themselves are governed by N.M. Stat. Ann. § 47-1-4.
What to bring
- The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
- A completed notarial acknowledgment, with the date, county, the notary's commission number and commission expiry all filled in (N.M. Stat. Ann. § 14-14A-14(A)(5)).
- Payment for the recording fee, $25 per document.
Formatting
- No New Mexico statute sets margins, and county clerks set their own. Deedly uses a 3-inch clear space at the top of page one and 1.5-inch margins on every other edge and page, which meets the strictest county rules we know of: Lea County asks for a 1 1/2-inch margin on every page, and Lincoln County for 1 1/2 inches at the top and bottom.
- Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1.5-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
- A legal description. A street address alone is not enough.
- A 'when recorded, return to' block so the stamped original comes back to you.
How to file
- In personTake the original to the Bernalillo County Clerk in Albuquerque. This is the fastest route. You usually walk out with the recording information the same day.
- By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
- E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.
Confirm the address before you post anything
Offices move and hours change. Search for "Bernalillo County New Mexico Bernalillo County Clerk" and use the official county website, not a directory listing, which is often years out of date.
Formatted to New Mexico requirements, with Bernalillo County filing instructions included.
Common questions
With the Bernalillo County Clerk, located in Albuquerque. Deeds are always recorded in the county where the property sits, not where the owner lives.
$25 per document. We found no New Mexico state real estate transfer tax. The City of Santa Fe charges its own tax of 3% on the part of a residential price above $1,029,000, paid by the buyer, so outside Santa Fe the recording fee is normally your only cost. Confirm current fees with the office before you mail anything; they change.
Usually only through an approved e-recording submitter, such as a title company or attorney, using a service like Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. Otherwise, record in person or by mail.
Keep reading
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.