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“It’s YOU we value”
100 Catron St.
PO Box 126
Santa Fe, NM 87501
Phone 505-986-6300
Fax 505-986-6316
RESIDENTIAL REAL PROPERTY
TRANSFER DECLARATION AFFIDAVIT
SANTA FE COUNTY, NEW MEXICO
Transferor(s)/Seller(s) Print Full name(s) and mailing address(es)
Transferor(s)/Buyer(s) Print Full name(s) and mailing address(es)
Legal Description of the real property transferred as it appears in the document of transfer.
Full consideration including money or other thing or value paid or exchanged for the tansfer, and the terms of the
sale including any amount of seller incentives.
Sales Date: Consideration paid or exchanged: $
Assessor’s Parcel ID:
If this afdavit is not required under Section 7-38-12-1, enter the reason.
(For exceptions see “D” on back)
Signature of Buyer Seller or Authorized Agent (Check one and sign)
Signature Date
Ackowledgement of individual or in representative capacity State of New Mexico County of
Signed and sworn to (or afrmed) before me this day of ,
By:
Name of afant or authorized agent if applicable
My Commision Expires:
Notary Public
Pursuant to NMSA 1978, Section 7-38-12.1 and 7-38-12.2 (2005)
7-38-12.1. PROPERTY TRANSFERS—AFFIDAVIT TO BE FILED WITH ASSESSOR. (2003)
A. After January 1, 2004, a person presenting a deed, real estate contract or memorandum or real estate contract for
recording with a county clerk shall also le with the county assessor within thirty days of the date of ling with the county clerk
and afdavit signed and completed in accordance with the provisions of Subsection B of this section.
B. The afdavit required for submission shall be in a form developed by the property tax division and signed by the transferors
or their authorized agents or the transferees or their authorized agents of any interest in real property transferred by deed
or real state contract. The afdavit shall contain at least the following information to be used only for analytical and statistical
purposes in the application of appraisal methods:
(1) the complete names of all transferors and transferees;
(2) the current mailing addresses of all transferors and transferees;
(3) the legal description of the real property interest transferred as it appear in the document of transfer;
(4) the full consideration, including money or any other thing of value, paid or exchanged for the transfer; and
(5) the value and description of personal property that is included in the sale price.
C. Upon receipt of the afdavit required by Subsection A of this section, the county assessor shall place the date of receipt on
the original afdavit and on a copy of the afdavit. The county assessor shall retain the original afdavit as a condential
record and as proof of compliance and shall return the copy marked with the date of receipt to the person presenting the
afdavit. The assessor shall index the afdavits in a manner that permits cross-referencing to other records in the
Assessor’s ofce pertaining to the specic property described in the afdavit. The afdavit and its contents are not part
of the valuation record of the assessor.
D. The afdavit required by Subsection A of this section shall not be required for:
(1) a deed transferring nonresidential property;
(2) a deed that results from the payment in full or forfeiture by a transferee under a recorded real estate contract or
recorded memorandum of real estate contract;
(3) a lease of or easement on real property, regardless of the length of term;
(4) a deed, patent or contract for sale or transfer of real property in which an agency or representative of the United States,
New Mexico or any political subdivision of the state is named grantor or grantee and authorized transferor or transferee;
(5) a quitclaim deed to quiet title or clear boundary disputes;
(6) a conveyance of real property executed pursuant to court order;
(7) a deed to an unpatented mining claim;
(8) an instrument solely to provide or release security for a debt or obligation;
(9) an instrument that conrms or corrects a deed previously recorded;
(10) an instrument between husband and wife or parent and child with only nominal actual consideration therefore;
(11) an instrument arising out of a sale for delinquent taxes or assessments;
(12) an instrument accomplishing a court-ordered partition;
(13) an instrument arising out of a merger or incorporation;
(14) an instrument by subsidiary corporation to its parent corporation for no consideration, nominal consideration or in sole
consideration of the cancellation or surrender of the subsidiary’s stock;
(15) an instrument from a person to a trustee or from a trustee to a trust beneciary with only nominal actual consideration
therefore;
(16) an instrument to or from an intermediary for the purpose of creating a joint tenancy estate or some other form of ownership; or
(17) an instrument delivered to establish a gift or a distribution from an estate or a decedent or trust.
E. The afdavit required by Subsection A of this section shall not be construed to be a valuation record pursuant to
Section 7-38-19 NMSA 1978.
F. Prior to November 1, 2003, the department shall print and distribute to each county assessor afdavit forms for distribution to the
public upon request.
(laws 2003, Chapter 118, Section 2)
7-38-12.2 Penalties (2003)
A. A person who intentionally refuses to make a required report within the time period specied under the provisions of
Section 7-38-12.1 NMSA 1978 or who knowingly makes a false statement on an afdavit required under the provisions of
Section 7-38-12.1 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be punished by the imposition of a
ne of not more than one thousand dollars ($1,000).
B. The secretary, any employee or any former employee of the department or any other person subject to the provisions
of Section 7-38-12.1 NMSA 1978 who willfully releases information in violation of that section, except as provided in
Section 7-38-4 NMSA 1978 or as part of a protest proceeding as dened in Section 7-38-24 NMSA 1978, is guilty of a
misdemeanor and shall be ned not more than one thousand dollars ($1,000).
