Chapter 10, Section C:
Towing Lien Checklist

Revised June 24, 2013


Towing Lien Checklist –

VIN # ___________________________________________________

  1. Copy of towing order
    • Date and time of tow ________________________________________
    • The towing order must include the date and time of tow, vehicle information and (per 18.3.12.14 NMAC) towing authorization from either:
      • a law enforcement officer if the motor vehicle is abandoned on public property; or
      • if the motor vehicle is abandoned on private property, the property owner or his agent, together with the names of owner and agent (if any), the location of the private property, and the amount of time the motor vehicle has been on the private property.
  2. 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).
  3. Proof of NM registered owner –
    • From MVD or MVD-contracted partner, request an official printout indicating the names and addresses of all lien holders and owners of record.
  4. Proof of out-of-state registered owner
    • If the vehicle or motor vehicle has out-of-state license plates or the lien claimanthas 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.
  5. Notice of Lien form (MVD-10058)
    • Date sent _________________________
    • Completed form to be sent to registered owner, lien holder, and other interested parties advising the amount due for services, with certified postal receipt of the letter.
    • Copy of Notice of Lien form (MVD-10058) must be used as the document to show assessed fees. A document created by the towing company is not acceptable to replace MVD-10058.
  6. Proof of mailing of the form MVD-10058
    • Mail receipt date: ______________________
    • This must be either the certified mail receipt signed by the recipient or the original envelope and returned receipt (green card) returned by the Post Office if unable to deliver.
    • The tow lien processing agent will verify that name(s) and address(es) on the certified mail receipt match the registered owner information.
  7. Advertisement of public sale (48-3-14)
    (part of Affidavit or Resale form, MVD-10059)
    • Date advertised _____________________
    • There are two ways to advertise, handbills or newspaper.
      • Handbills - Post six handbills in six conspicuous public places in the county where the auction will be held. The handbills must be at least 8.5 x 11 inches in size and must include: a full description of the vehicle, including VIN, year, make and model; why it is being sold at public auction; the amount due; and the time, date and location of sale. A copy of the handbill must be included. Location of handbills must include a street address (i.e., 123 Main St., Belen, NM, 87104). Multiple vehicles may be placed on the same handbill.

        (or)
      • Newspaper - an advertisement in a newspaper of general publication in the county where the auction will be held. The ad must be published at least one day a week for two consecutive weeks. The ad must include: a full description of the vehicle, including VIN, year, make and model; why it is being sold at public auction; the amount due; and the time, date and location of sale. A copy of the newspaper's bill/invoice or certification by the newspaper of publication of the ad must be included together with a copy of the ad.
  8. Date of auction
    (part of Affidavit or Resale form, MVD-10059)
    • NM registered vehicles options
      • The date of the auction must be at least 44 days after the certified mail receipt date.
        • Mail receipt date; date on certified mail receipt ________________
        • Auction date _____________
        (and)
      • The date of the auction must be at least 34 days after handbill posting date.
        • Handbill posting date ________________
        • Auction date _________________
        (or)
      • The date of the auction must be at least 34 days after the last date of publication of the advertisement.
        • Publication date ______________
        • Auction date _______________
    • Out-of-state registered vehicles
      • The date of the auction may not be less than 70 days from the mailing date indicated on the certified mail receipt.
        • Certified mail receipt date _____________
        • Auction date ________________
    • “No record” vehicles
      • The auction must be advertised in a newspaper of general publication and the date of sale must be at least 60 days from the date of the second newspaper publication.
        • Date of second newspaper publication ________________
        • Auction date ___________________
  9. Affidavit of Resale form MVD-10059
    • Date of vehicle resale __________________
    • The form must be completed in its entirety.
    • Record the odometer mileage taken from the Affidavit of VIN and code as NM (not the actual mileage). If the owner of vehicle record is not available in this process the mileage cannot be verified by seller and buyer through the federally mandated Odometer Statement.
  10. Affidavit of VIN Inspection form MVD-10861
    • Completed by certified VIN inspector (valid for 30 days). Odometer mileage must be entered as “NM” (not actual mileage).
  11. Title application
    • VIN, year, make, model and color.
    • Name and mailing address of new owner.
    • The “previous title number” field must state “Towing Lien”.
    • The “date of purchase” field should indicate the date of the auction.
    • Lien information if applicable (file date, maturity date, name and address of lien holder)
    • Applicant Certification must be signed and dated.
    • The vehicle must be titled to either the towing company or, if sold at auction, the buyer as listed on the Affidavit of Resale.
  12. NCIC stolen vehicle check, completed within past 30 days
    • Will be done by MVD at time of title application.
  13. Fees
    • If the claimant (towing company) is selling the vehicle, the buyer must pay tax, title and registration fees.
    • If the claimant is titling in its own name, no excise tax is due, but title (or title and registration) fees apply.
    • The vehicle must be titled within 30 days of the date of auction or penalty fees will be added.
    • If the transaction is a title only, a $5.00 fee in a check or money order must be submitted with each transaction.