NM Senate Bill 369

Legislation

State: New Mexico
Signed: April 07, 2011

Effective: July 01, 2011
Chapter: 134

Summary

Senate Bill 369 modifies the statutes pertaining to recordation of documents with a county recorder. The bill clarifies the general rule that a document must be properly acknowledged as the term is defined under the New Mexico Notary Public Act or Uniform Law on Notarial Acts as a prerequisite to recording, but exempts certain documents from the acknowledgment requirement.

Affects

Amends Section 14-8-4 of the New Mexico Statutes Annotated.

Changes

Clarifies that any instrument of writing duly acknowledged may be filed and recorded with a county recorder and that any instrument of writing not duly acknowledged may not be filed and recorded.
Exempts certain document types from the acknowledgment requirement as a prerequisite to recording. Clarifies that “acknowledged” means notarized by a person empowered to perform notarial acts pursuant to the Notary Public Act or Uniform Law on Notarial Acts.

Analysis

In most states in order for a document to be recorded in the office of county recorder, it must be acknowledged before a Notary Public or other authorized officer with notarial powers. Senate Bill 369 clarifies that acknowledgment is a condition precedent or prerequisite to recording generally, but exempts certain document types from this requirement. However, since the term “acknowledgment” and “acknowledged” has many meanings, the legislature helpfully provides a definition. The bill defines the term “acknowledged” to mean “notarized by a person empowered to perform notarial acts pursuant to the Notary Public Act or the Uniform Law on Notarial Acts.”

Read Senate Bill 369.