Chapter 10, Section E:|
Abandoned Vehicle Lien Checklist
If the vehicle is towed
· If the vehicle is towed
o Towing company obtains written authorization from the owner or agent of the property contained in a towing invoice with the following information:
o Name of the owner or name of agent if different.
o Location of the property.
o Amount of time vehicle is on the property (at least 30 days).
o Describe the vehicle.
o Date and time towing service removed the vehicle.
Follow the Towing Lien Process
No towing – property owner procedure
· Affidavit of VIN Inspection (MVD-10861)
o Completed inspection by certified VIN inspector (valid for 30 days).
· NCIC stolen vehicle check
o Date of verification ____________________
· Property owner disposal options 66-3-121
o If the vehicle is eight years or older the property owner may sell, retain, give away or dispose of to a licensed dealer/recycler.
o If the vehicle is totally wrecked or suitable only for dismantling the property owner may sell, retain, give away or dispose of only to a recycler.
o If the vehicle is less than eight years old the claimant must title in his/her name set forth by the landowner lien process. This process can still be used for the eight year or older vehicle.
· Proof of NM registered owner
o From MVD, Samba or Technet records
o Print out NM record and go to next step.
o If no registered NM owner “print out” no record.
o Go to next step
· Proof of out of state registered owner
o A 50 state NCIC multi record search for the registered owner in another state through NCIC database with results on form Fifty State NCIC Registration Inquiry (MVD-10413). (Title Service Company or Private Retail Agency processing the transaction)
o Ownership verification from a state DMV using form MVD 10705, Request for Vehicle or Hull Identification Number Verification. NM MVD will verify through NCIC.
o If no record indicate this on the form Fifty State NCIC Registration Inquiry (MVD-10413).
· Final proof of registered owner information
o Date _________________________
· Notice of Lien form MVD-10058
o Date sent _________________________
o Completed form to be sent to registered owner, lien holder, and other interested parties advising the amount due for services, with postal receipt of the letter.
· Proof of mailing of the form MVD 10058
o Date returned ______________________
o This must be either the certified mail receipt/s signed by the recipient/s or a copy of the envelope/s and returned receipt (green card) returned by the Post Office if unable to deliver.
· Advertisement of public sale (part of Affidavit or Resale form, MVD-10059)
o Date advertised _____________________
o There are two ways to advertise, handbills or newspaper
§ Handbills…Place six handbills in six conspicuous public places in the county where the auction will be held. The handbills must have a full description of the vehicle, why being sold at public auction, amount due and time, date and location of sale and the date of posting. A copy of the handbill must be included.
§ Newspaper…and advertisement in a newspaper of general publication in the county where the auction will be held. The ads must be one day a week for two consecutive weeks. The ads must have a full description of the vehicle, why being sold at public auction, amount due and time, date and location of sale. A copy of the newspaper bill or a certification from the newspaper of publication of the ad must be included.
§ Notify the vehicle owner, lien holder and/or any interested party the date of the auction.
· Date of auction (part of Affidavit or Resale form, MVD-10059)
o NM registered vehicles options
§ The date of the auction may not be less than 44 days from the certified mail receipt date.
· Mail receipt date ________________
· Auction date _____________
§ The date of the auction may not be less than 34 days from handbill posting.
· Handbill posting date ________________
· Auction date _________________
§ The date of the auction may not be less than 34 days from the last date of publication of the advertisement.
· Publication date ______________
· Auction date _______________
o 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 ________________
o “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 ___________________
· NCIC stolen vehicle check
o Date of check __________________
· Affidavit of VIN Inspection form MVD-10861
o Only needed if the original affidavit is past 30 days. Completed by certified VIN inspector.
· Affidavit of Resale form MVD-10059
o Date of vehicle resale __________________
o The form must be completed in its’ entirety.
o Record the odometer mileage taken from the Affidavit of VIN and assign 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.
· Title application
o Date _________________
o The “previous title” field must show type of lien.
o The “date of purchase” field should indicate the date of the auction.
o The vehicle must be titled to either the towing company or, if sold at auction, the buyer as listed on the Affidavit of Resale.
o The vehicle must be titled within 30 day of the date of auction or penalty fees will be added.