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Bernalillo County Assessor says Class Action Suit is the Result of Misrepresentation
Bernalillo County – In response to a class action lawsuit filed against the Bernalillo County Assessor, Damian Lara is sending letters to property owners who received incomplete legal representation regarding their trust filings, which resulted in the loss of the 3% cap on their property valuation.
“This is a clear case of property owners wanting to convey their property into a Living Trust – not being properly represented”, says BernCo Assessor Damian Lara. “Many property owners who transferred their properties into a trust were misled or misinformed about the statutory requirement necessary to remain on the 3% cap.”
Typically, in New Mexico by statute, a residential property is capped at a 3% increase unless there’s a change of ownership. Transferring a property into a trust may be considered a change of ownership per state law.
For property owners who consider trusts, a revocable trust must identify only the transferor, a spouse, or a child as the beneficiary of the trust to stay on the 3% cap. In the class action suit, many property owners were removed from the cap because their trust filings did not identify those beneficiaries.
“Approximately 2,000 properties in Bernalillo County were transferred to a revocable trust in 2024,”, says BernCo Assessor Damian Lara. “Of those, only those property owners represented by one attorney continue to have issues. Only 96 properties were identified in the complaint, and of those many have already filed protests and settled their assessments. Those property owners already had their tax bills decreased, including a veteran who now has zero property tax liability”, adds Assessor Lara.
Property owners in Bernalillo County, who missed the protest deadline, have until Jan. 9, 2026 to file a Claim for Refund with the Second Judicial District Court.
Forms to file a Claim for Refund with the District Court are available on the Office of the Assessor website at https://www.bernco.gov/assessor/protest-process/.
You can also go directly to the Second Judicial District Court at 400 Lomas Blvd. NW, first floor, room 119.
Questions regarding the Office of the Bernalillo County Assessor can be directed to A.C.E., the Assessor’s online chatbot at BernCo.gov/Assessor, or speak directly with a customer service representative at 505.222.3700.
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About Bernalillo County
Bernalillo County is 1,160 square miles and is New Mexico’s most populous county with more than 676,000 residents. The Bernalillo County government provides a wide range of public services to residents who live in Albuquerque, Los Ranchos and Tijeras with approximately 106,000 residents living in unincorporated areas of the county. Bernalillo County employs approximately 2,500 people and has an annual operating budget, capital investments and other funds of more than $1 billion. Elected officials include five County Commissioners, Assessor, Clerk, Probate Judge, Sheriff, and Treasurer.