2011 New Mexico Statutes
Chapter 14: Records, Legal Notices and Oaths
Article 8: Recording, 14-8-1 through 14-8-17
Section 14-8-4: Acknowledgment necessary for recording; exceptions.


NM Stat § 14-8-4 (1996 through 1st Sess 50th Legis) What's This?

14-8-4. Acknowledgment necessary for recording; exceptions.

A. Any instrument of writing duly acknowledged may be filed and recorded. Any instrument of writing not duly acknowledged may not be filed and recorded or considered of record, though so entered.

B. For purposes of this section, "acknowledged" means notarized by a person empowered to perform notarial acts pursuant to the Notary Public Act or the Uniform Law on Notarial Acts.

C. Notwithstanding Subsection A of this section, the following documents need not be acknowledged but may be filed and recorded:

(1) court-certified copies of a court order, judgment or other judicial decree;

(2) court-certified transcripts of any money judgment obtained in a court of this state or, pursuant to Section 14-9-9 NMSA 1978, in the United States district court for the district of New Mexico;

(3) land patents and land office receipts;

(4) mining location notices and amended or additional notices made pursuant to Section 69-3-1 or 69-3-12 NMSA 1978 if properly signed by the locator;

(5) notice of lis pendens filed pursuant to Section 38-1-14 NMSA 1978;

(6) certified copies of foreign wills, marriages or birth certificates duly authenticated; and

(7) instruments of writing in any manner affecting lands in the state filed pursuant to Section 14-9-7 NMSA 1978, when these instruments have been duly executed by an authorized public officer.

D. Any filing or recording permitted or required under the provisions of the Uniform Commercial Code need not comply with the requirements of this section.

E. Instruments acknowledged on behalf of a corporation need not have the corporation's seal affixed thereto in order to be filed and recorded.

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