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Real Estate Documents
In order to be accepted for recording in Santa Fe County, a document must relate to property in Santa Fe County, have original signature, and have the notary's original signature.
SB497 New Mexico Homeowner Association
We require that a mylar and two legible black line copies be submitted for plat recordings. The plat must be notarized, and unless the property is a condo, the plat must have either a county/city public notice, or approval signatures from the county/city land use administrator.
Uniform Commercial Code (UCC) Filings
The Santa Fe County Clerk’s office records only UCCs that pertain to real estate; all other UCCs need to be filed at the Secretary of State's Office. Please see our Recording and Filing Fee Schedulefor UCC recording fees.
Recording fees are due at the time of recording. Payment is accepted in either cash or check form. For a complete list of our recording and copy fees, please see: Recording and Filing Fee Schedule. Ordinance 2011-12
Frequently Asked Questions
Click on questions to view answers
Q. What is required to record a document to the public record?
A. You will need to send or deliver the original signed document to us. It should include completed dates, signature(s) of grantor(s), notary certificate (should contain state, county, date of acknowledgment, notary signature, notary seal and notary commission expiration date).
Please remember that all documents vary. If the document pertains to real estate, you must include the legal property description on your document. If you are recording a Release or Assignment, you will need to state the original document book and page or instrument number that is being released or assigned.
Q. What type of Deed must I use to transfer property (Warranty Deed, Special Warranty Deed or Quitclaim Deed)?
A. Each type of deed has a different definition, which can be crucial when transferring property. We are not bonded to direct you as to what form to use. We suggest that you contact a real estate attorney.
Q. Who is responsible for notifying the Santa Fe County Assessor of transfer of ownership of property?
A. At the time of recording your document, our office will furnish a copy of the recorded document to the Santa Fe County Assessor; however, please note that it is not the Clerk’s responsibility to ensure that the transfer has taken place. By law, the receiver of the property has the responsibility to notify the Santa Fe County Assessor of the property so that the proper party will receive the property tax assessments notices and tax bills.
Q. Will you accept a certified copy of a document for recording?
A. Yes, we will accept a certified copy for recording if, before it is presented to our office for recording, it has a proper certification certificate with a raised seal.
Q. Can I have a record search conducted by you?
A. An informal and/or an uncertified record search can be conducted by our office; however, our office can only do record searches if the recording took place from January, 1991, to the present.
For an in-depth search or for a search involving records before 1991, you must either come to the office or have a title company do the search for you.
Record searches are by grantor/grantee name(s), title of document and year of recording. Please have that information available when requesting the record search. Searches for legal description can be conducted by the Santa Fe County Assessor’s Office located in our building or by telephone at (505) 986-6300.
Q. Are recorded images of documents available by computer online?
A. The Santa Fe County Clerk's Office is working on a new WX/clerkaccess system for the Clerk's Office subscription data service. WebXtender is being phased out and not available for subscription at this time. As soon as the Clerk's Office has system up and running Marcella Salazar will go over the set up process, please send your contact information to Marcella Salazar at firstname.lastname@example.org 505-986-6388.
Q. Are recorded documents available for purchase at your office?
Q. How much is the cost for a copy of a recorded document?
A. The Recording and Filing Fee Schedule has a complete list of fees.
Q. What are the fees to record a document?
A. Please see the Recording and Filing Fee Schedulefor a complete list of fees. The Schedule will include the cost of copies of documents.
Q. What is the procedure when filing a lien?
A. You will need to send or deliver the original, signed, lien document to us. It should include completed dates, signature(s) of grantor(s), and notary certificate (should contain state, county, date of acknowledgment, notary signature, notary seal, and notary commission expiration date). Please remember that you must include the legal property description on your lien document.
We are not authorized nor bonded to assist you in writing up the lien document. However, we can direct you as to where to obtain the legal description of the real estate property you wish to file the lien on.
At no charge, we will notarize your signature on your lien document when you provide a proper ID.
Q. Do you record UCCs (Uniform Commercial Code) documents?
A. Yes. However, the Santa Fe County Clerk's Office only records only UCCs pertaining to property in Santa Fe County. All other UCCs are handled by the Secretary of State's Office.
Q. Do you accept multiple or “blanket” Assignments or Releases for recording?
A. Yes. Refer to our Recording and Filing Fee Schedule.
Q. What is required to record a plat? SB406
A. We require that a mylar and two legible black line copies be submitted for plat recordings. The plat must be notarized, and unless the property is a condo, the plat must have either a county/city public notice (see notices below), or approval signatures from the county/city land use administrator.
Santa Fe County Public Notice:
SANTA FE COUNTY LAND USE ADMINISTRATOR HAS NOT REVIEWED THIS PLAT OF BOUNDARY SURVEY, PRIOR TO ITS FILING IN THE OFFICE OF THE COUNTY CLERK. THIS PLAT IS NOT TO BE FILED FOR THE PURPOSE OF CREATING LOT SPLITS, SUBDIVISIONS, OR NEW LOTS, ALTERING THE BOUNDARIES OF ANY EXISTING LOT(S) FOR THE PURPOSE OF “‘DEVELOPMENT” DEFINED IN THE SANTA FE COUNTY LAND DEVELOPMENT CODE, EXTRATERRITORIAL ZONING ORDINANCE FOR EXTRATERRITORIAL SUBDIVISION REGULATIONS. THIS STATEMENT DOES NOT IN ANY WAY STIPULATE OR REPRESENT SANTA FE COUNTY LAND USE APPROVAL OF THIS BOUNDARY SURVEY PLAT.
If property is in City:
City of Santa Fe Public Notice:
THIS SURVEY IS BASED ON THOSE RECORDED DOCUMENTS NOTED HEREON. CITY OF SANTA FE STAFF MUST APROVE ALL DOCUMENTS SUBMITTED WITH AN APLICATION FOR A BUILDING PERMIT AND MAY REQUIRE SUBMITTAL OF ADDITIONAL DOCUMENTATION TO PROVE LEGAL LOT OF RECORD.
Refer to our Recording and Filing Fee Schedule.
Be advised that if the plat is a lot split, subdivision or new lot(s) created, you will need to contact the Santa Fe County Land Use Department (if county property) at (505) 986-6225 or City Permit and Development (if property within City limits) at (505) 995-6589.
Q. What is required to apply for a Marriage License?
A. If you apply for and are issued a marriage license in the State of New Mexico, the ceremony can be performed only in New Mexico. The ceremony may be performed in any county in New Mexico; however, once the ceremony is completed the license must be returned to the County Clerk it was purchased from.
For other requirements please see Marriage License Requirements.
Q. Do you have a judge who performs marriages?
A. Yes. Probate Judge Shannon B. Bulman is available by appointment to perform marriage ceremonies on Mondays, Wednesdays from 12:30 – 2:30 p.m. and Fridays from 1:00 p.m. - 2:30 p.m. Her office is located at the Bokum Building across the street from our building. The address is 143 W. Palace, and the telephone number is (505) 992-1636.
Q. Do both parties have to be present when applying for a Marriage License?
A. Yes. We are unable to issue a license without both parties present.
Q. Will we need witnesses at our marriage ceremony?
A. Yes. New Mexico law requires the bride, groom, two witnesses and one official to be present at the ceremony and all must sign the Marriage Certificate.
Q. Can I get a certified copy of my Marriage License?
A. No. We certify the marriage application, which is kept on file. The marriage license is not.
Q. Do you have divorce records?
A. No. Divorce records are filed at the District Court. The First Judicial District Court covers Santa Fe, Rio Arriba and Los Alamos Counties and is located at the Judge Steve Herrera Court Complex located at 100 Catron Street. You may reach the District Court office at (505) 455-8250, or see their website at www.firstdistrictcourt.com/ for more information.
Q. Where can I get information about Probates?
A. Santa Fe County Probate Judge Shannon B. Bulman’s office is located across the street from our office at the Bokum Building, 143 West Palace. The telephone number is (505) 992-1636. Judge Bulman is available Mondays and Wednesdays from 11:00 – 12:30 p.m. At other times, you may reach his clerk, Frank Fischer, at (505) 992-1636. She maintains the Probate Office in the absence of the Probate Judge. If you cannot reach anyone at (505) 992-1636, you may call our office at (505) 986-6280, or see their website at www.santafecountynm.gov/probate. Packets of probate forms are located in the County Clerk's Office and cost $5.00.
Q. Can I get a copy of my birth certificate from your office?
A. No. Birth certificates are located at the New Mexico Vital Records Office. Their office is located at 1900 S. Saint Francis Drive, and they can be reached at (505)827-0121. More information can be found at their website http://www.vitalrecordsnm.org/birth.shtml
Q. Can I get a copy of a Death Certificate?
A. No. According to New Mexico state statute, we are not allowed to copy death certificates. However, we can provide you with the name of deceased, date of death, and state of death. If you are seeking more information on a death certificate please refer to the New Mexico Department of Health at the website below:
Q. Does the County Clerk's Office provide notary services? If so at what cost?
A. Yes. We have several notaries available, and there is no charge for this service.