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New Mexico · NMSA 1978, §§47-1-7, 45-5B-101 ff.New Mexico power of attorney at closing: acknowledge it, record it, and the seven-day acceptance rule

A New Mexico power of attorney that authorizes the agent to convey or affect real estate must be acknowledged, filed and recorded like other instruments affecting real estate, and once recorded it isn't revoked by the principal until an acknowledged revocation is recorded in the same county (NMSA 1978, §47-1-7). A signature acknowledged before a notary is presumed genuine (§45-5B-105), and a person accepting an acknowledged power in good faith may rely on it and request the agent's certification, a translation or an opinion of counsel (§45-5B-119). A statutory form power must be accepted, or a certification, translation or opinion requested, within seven business days after it is presented, and then accepted within five business days after receiving it (§45-5B-120(B)). The spouses' joinder rule also yields to a recorded power of attorney (§40-3-13(B)).

The rules

  1. 1. Recording (§47-1-7)

    Acknowledged and recorded like a deed.

  2. 2. Revocation (§47-1-7)

    Effective only once a revocation is recorded in that county.

  3. 3. Reliance (§45-5B-119)

    Good-faith reliance; certification, translation or opinion may be requested.

  4. 4. Acceptance (§45-5B-120)

    Statutory form: accept or request within 7 business days.

What the TC can do

  • Send the power of attorney to the title company early, and schedule its recording before the deed.
  • Ask for the agent's certification that the principal is alive and the power is in effect.
  • Track the seven-business-day acceptance window as a task.

Questions about New Mexico powers of attorney

Does a New Mexico power of attorney for a home sale have to be recorded?

Yes, a power to convey real estate is acknowledged and recorded like other instruments affecting real estate (NMSA 1978, §47-1-7).

How is a recorded power of attorney revoked?

By recording an acknowledged revocation in the county where the power is recorded (NMSA 1978, §47-1-7).

Add the power of attorney review and its recording as tasks in ClosingCode.

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Source: NMSA 1978, §§40-3-13, 45-5B-105, 45-5B-119, 45-5B-120 and 47-1-7 (New Mexico Statutes Annotated 1978 at nmonesource.com, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.