Chapter 10, Section B:|
Documents Required for Liens
Revised June 24, 2013
Documents Required for Titling Through the Lien Process
- Title Verification
Effective July 1, 1996, New Mexico came under a cloak of confidentially (66-2-7.1, NMSA 1978) as required by Federal mandate. As a result, the Motor Vehicle Division is prohibited from providing registered owners’ addresses and any personal information on record. A suppressed vehicle record printout may be provided.
However, lien claimants filing a “Towing Lien” are able to obtain Title verification without any of the registered owner’s information being suppressed.
If the titling jurisdiction(s) responds to a title verification request with a “NO RECORD” response, the lien claimant must submit the “No Record” documents(s) and a completed copy of the “Notice of Mechanic’s or Landowner’s Lien” form (MVD-10058). Upon receipt of the NO RECORD response the lien claimant must advertise the vehicle for sale at public auction in a newspaper of general circulation in the county where the vehicle will be sold, once a week for two consecutive weeks, or post handbills.
If the vehicle or motor vehicle has out-of-state license plates or the lien claimant has some other reason to believe that the vehicle or motor vehicle is registered in a state other than New Mexico, he must request the same information from the appropriate agency of that state.
IF THE LIEN CLAIMANT IS UNABLE TO OBTAIN THE REGISTERED OWNER’S NAME AND ADDRESS, THE LIEN PROCESS CANNOT BE COMPLETED!
- Unclaimed vehicle reports
(Per Sec. 66-3-203) An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty days, shall, within five days after the expiration of that period, report in writing to the New Mexico state police at Santa Fe and the sheriff of the county in which the unit is stored, setting forth the make of car, model-year, [and] engine, serial and vehicle numbers of the vehicle unclaimed. A person who fails to report a vehicle as unclaimed in accord with this subsection forfeits all claims and liens for its parking or storing and is guilty of a misdemeanor punishable by a fine of not more than twenty-five dollars ($25.00).
- Notice of Lien
The lien claimant must complete the “Notice of Mechanic’s or Landowner’s Lien” form (MVD-10058). It must be sent by Certified or Registered Mail, Return Receipt Requested, to the registered owner, lien holder (if any) and all other parties involved, advising them of the amount due for services and allowing them ten (10) days to pay the accrued debt. Lien claimant must keep a copy of each notice that was mailed along with the certified or registered postmaster mail receipt and the return receipt (green card). The lien claimant will surrender these documents at the time of the Title Application.
- Advertisement of Public Sale
The lien claimant must advertise the vehicle for sale if no one pays off the debt and recovers the vehicle within 10 days of notification. Advertising must be done in one of the following ways:
a. Posting of Handbills – A handbill is a sign which is 8” x 11”. Lien claimant must post six handbills in six conspicuous public locations in the county where the auction will be held; or
b. Advertising in a Newspaper – Advertisement must be done in a newspaper of general publication, in the county in which the vehicle will be sold, once a week for two consecutive weeks.
Handbills or advertisement must contain the following information: full description of vehicle; the amount due; time, date, location of sale; and why the vehicle is being sold at public auction. The handbills or advertisement must indicate the date that posting or advertising took place.
Note: Lien claimant must submit a sample of either the handbill or advertisement proof as part of the documentation for Title and Registration.
How to Determine the Date of Auction:
New Mexico Registered Vehicles
The date of auction may not be less than 44 days from the date indicated on the certified mail receipt or 34 days from the date handbills were posted. Example: 34 + 10 = 44, or 34 days from the last date of publication.
Vehicles Registered in Another State
If Title verification indicates that the vehicle is from another licensing jurisdiction (out of state), the date of auction may not be less than 70 days from the date indicated on the certified mail receipt.
- Title Verifications that Come Back with a “No Record” Response
Immediately upon receipt of the “No Record” response, the lien claimant must advertise the vehicle for sale at public auction in a newspaper of general circulation once a week for two consecutive weeks. The date of sale must be at least 60 days from the date of the second newspaper publication.
- Affidavit of Resale
The “Affidavit of Resale” (MVD-10059) is a summary of the entire process. This form also includes an Odometer Mileage Statement and Assignment of Bill of Sale. After the auction has been completed, the lien claimant must complete the Affidavit of Resale form in its entirety. The lien claimant must sign the affidavit of resale.
a. When a person successfully bids for the vehicle, the lien claimant checks off the appropriate space and enters the purchaser’s name. Note: Purchaser must apply for a Title in his/her name and pay excise tax on purchase price, title and registration fee. Odometer disclosure must be made on the Affidavit of Resale form.
b. When no one bids for the vehicle or bids were unacceptable, the lien claimant shall check off the appropriate space and, apply for the title, and pay registration and title fees. NO TAX is applicable. Lien claimant CANNOT SELL the vehicle until he/she acquires a title in his/her name. Title must be transferred within thirty (30) calendar days from date of auction or penalty will apply.
- VIN Inspection
A certified VIN inspector must inspect the vehicle. The same VIN must appear on all required documents. When conducting an inspection of the Vehicle Identification Number, VISUALLY inspect the number and enter it on the Affidavit of V.I.N. (MVD-10861) and verify that is corresponds with all required documents.
- Work Repair Order (Mechanic’s Lien Only)
The claimant must furnish the Motor Vehicle Division with a work repair order. The work repair order must itemize work performed and associated costs, with registered owner’s signature authorizing repairs.
- Copy of the Order of Towing (Towing Lien Only)
The lien claimant must provide a copy of the towing order. It must indicate who gave authorization for the towing of the vehicle and other associated costs.
When all the supporting documents have been obtained and properly executed, the lien claimant or the person who has purchased the vehicle at the public sale must bring all supporting documents to a Motor Vehicle Division field office and apply for vehicle Title and Registration. MVD field office personnel will begin the transaction with a vehicle record inquiry and review documents for final clearance. The vehicle record inquiry must indicate registered owner’s name as shown on Post Office Return Receipt for Certified Letter mailed to registered owner.
If owner reflected on vehicle inquiry does not match name(s) on the supporting documents, clerk shall provide the lien claimant with the name of the registered owner of record. Lien claimant will have to start the process again by the notifying the owner of record. If all documents are in order, process the Application for Title and Registration. All required supporting documents must be included with your daily report.
If there is no buyer at the sale and the lien claimant buys the vehicle, the lien claimant must apply for title in his name within 30 days of the date of the public sale. Excise tax is not applicable. Dealers applying for title under these conditions must pay title and registration fees. If the dealer wants a “Title Only,” the application may indicate “Title Only,” but the registration fee must be paid.
A late transfer penalty applies for failure to execute transfer of title within 30 days from the date of the public sale. If the vehicle is operable, a late registration penalty applies for failure to execute transfer of title within 30 days from the date of the public sale. An excise tax penalty of 4.5% of the sale price will apply for failure to execute transfer of Title within 90 days from the date of the public sale.
All documents must be originals. Copies will not be accepted. Inspect each document and reject the application if there are any erasures, alterations, strikeovers, additions or other discrepancies.
Persons in the business of repair, towing, storage, rental dwellings, or on whose property an abandoned vehicle is left, CANNOT obtain title by surety bond process to circumvent the lien process.