This procedure for re-issuance after non-receipt applies only to
registered owners (and lien holders when address on record is in correct due to
clerk error. A duplicate Title will be issued
at no fee if the applicant meets all the following requirements:
1. The Motor
Vehicle Division must have mailed the “Certificate of Title” to the registered
owner. A vehicle inquiry should be made
to verify that the Title was mailed
out.
2. At least 30
days must have elapsed from the original date of issuance (to allow for mail to
be returned as undelivered).
3. The registered
owner must make the request for re-issuance within 90 days from the date of
original issuance.
4. The applicant
must complete MVD Form 10022, “Affidavit of Non-Receipt”.
5. The applicant must provide identification (i.e. driver
license). When application is made by mail,
applicant should send a copy of driver license, not the license itself.
The Motor
Vehicle Division will issue a vehicle Title without a Certificate of
registration or a license plate, under certain conditions. A “Title Only” transaction is one in which
the applicant receives only a Certificate of Title. Payment of the title fee is always
required. In some instances, the
registration fee is also charged. “Title
Only” transactions should be noted as “TO00000” in the “License Plate Number”
field. The following are examples of
“Title Only” transactions:
1. Non-Franchised
Dealers Selling a New Car (66-3-118C)
Non-franchised dealers who wish to sell a new vehicle must
convert the Manufacturer’s Certificate of Origin to a Title and pay both the
title and the registration fees.
However, they are not required to pay excise tax. The Title Application should specify in the
“Remarks” field: “For dealer re-sale
only”.
2. Isolated Cases
Involving Dealers
A dealer may have a Title with various assignments, which prevents
him from transferring the Title to an out-of-state buyer. The Motor Vehicle Division must use caution
in accepting these transactions. In
situations, which require a VIN inspection, a certified VIN Inspector should
conduct the inspection. The dealer must
submit an invoice showing that the vehicle was sold to a non-resident and pay
the title fee only. In the “Remarks”
specify “Sold out of state”. This is to
prevent dealers from “washing Titles in New Mexico”.
3. Inoperable
Vehicles (66-3-10)
An inoperable vehicle purchased for reconstruction or
rebuilding, mechanical or otherwise, and which the buyer does not intend to
operate for an extended period of time, may be titled through a “Title Only”
transaction. The applicant pays the
title fee and the excise tax. No plates
are issued. Once the vehicle is made
operable, the applicant, upon affirming insurance, shall be charged the
registration fee.
4. Vehicles to be
Traded-In
Vehicles that are gifts, which the new owner wishes to
trade-in on another vehicle, may be titled through a
“Title Only” transaction. The applicant
pays the title fee. The Title
Application should specify in the “Remarks” field “Vehicle to be traded-in”.
5. Stolen and
Unrecovered Vehicles, Titled to Insurance Company
The Motor Vehicle Division will issue a “Title Only” to
insurance companies for stolen and unrecovered vehicles. The insurance company pays only the title
fee. The Title is branded “Salvage”.
6. Vehicles Which Are
Not Insured
A vehicle purchased for which the buyer cannot affirm
insurance, may be titled through a “Title Only” transaction. The applicant pays the tax and title
fee. No plates are issued. The applicant, upon affirmation of insurance,
shall be charged the registration fee.
7. Commercial
Vehicles (DGVW Exceeding 26,000 Pounds)
Vehicles with a Declared Gross Vehicle Weight (DGVW) of more
than 26,000 pounds (except some motor homes), whose owner or operator chooses
to register the vehicle in New Mexico for tax purposes will be issued a Title
Only. The applicant shall be assessed
excise tax if applicable and title fee.
Registration of vehicles with a DGVW exceeding 26,000 pounds, (except
motor homes) is done by the Vehicle Services Bureau, Commercial Vehicle
Section. The field office WILL NOT issue
registration, temporary permits or license plates for IRP registrations.
The following title transactions are NOT “Title Only” transactions, and should be processed like
any other Title and Registration application.
1. Franchised Dealer
Titling in His Name or Name of Dealership
Franchised dealers are not required to obtain Title in their
own name before transferring Title to a buyer.
However, if a franchised dealer wishes to title a vehicle that he is
franchised to sell in his name or the name of the dealership, the dealer must
pay all fees (excise tax, registration and title fee), unless affirmation is
received that vehicle will remain in inventory for, then a title only may be
issued. A Title, registration and
license plate are issued. The dealer is
required to affirm insurance.
2. Used Car Dealer
Titling in His Name or Name of Dealership
Used car dealers are not required to obtain Title in their own
name before transferring Title to a buyer.
However, if a used car dealer wishes to title a vehicle in his name or
the name of the dealership, the dealer must pay all fees (excise tax,
registration, and title fee), unless affirmation is received that vehicle will
remain in inventory for sale, then a title only may be issued. A Title, registration and license plate is
issued. The dealer must affirm
insurance.
Titling in Name of Repossessor Not Required
Vehicle titles from all states, which are accompanied by
repossession documents, shall be accepted for transfer and registration without
requiring the repossessor to title in his name before resale. However, if a repossessor wishes to title the
vehicle in his name, he may acquire a “Title Only”.
Documents Required to Title Vehicle After Repossession:
1. Original
Certificate of Title – This
document must indicate the lien of the repossessor on the face of the Title.
2. Affidavit
of Repossession – The applicant
must submit MVD Form 10012, “Affidavit of Repossession” completed by the
repossessor.
3. Release
of Lien – The lien
holder reflected on the Title must sign a release of lien before the Title can
be transferred.
4. Odometer
Disclosure Statement – The lien
holder or repossessor agent must complete an “Odometer Disclosure Statement”
reflecting odometer reading at the time of sale. Exceptions: Off-highway motor vehicles.
5. Bill
of Sale – If the
applicant has purchased the vehicle from the repossessor, the assignment on the
back of the Title may be completed, or a “Bill of Sale”, MVD Form 10009 must be
completed.
NOTE: In situations where the lien
holder has undergone a name change (example from Bank of America to Norwest
Bank) an affidavit of fact or a letter of explanation shall be required.
Use of General Surety, Indemnity Bond or Certificate of Title Bond
Motor vehicle laws provide for use of a general surety, indemnity bond
or Certificate of Title bond, when no Title or other supporting documents which
are necessary to process the Title Application are available. The Title and Registration must be applied
for in the name of the person or company that has posted the bond.
If the registered owner and lien holder are known, they must be notified by
registered mail. Return receipt
requested. Due to the confidentiality Law,
Motor Vehicle Division will not provide confidential information from the
vehicle files for this purpose.
NOTE: Applicant must make every
effort to contact last registered owner.
When there is any indication that the vehicle
is titled or registered in another licensing jurisdiction, the applicant must
ALSO request Title verification from that licensing jurisdiction.
If
Title verification reveals a registered owner, the
registered owner and lien holder, if any must be contacted, by Registered Mail,
Return Receipt Requested, to request the Title.
The Post Office “Return Receipt”, along with a copy of the letter or
letter which came back unclaimed, must accompany Title application documents.
2.
Vehicle Identification Number Inspection
A Motor Vehicle Division Certified VIN Inspector must inspect the
vehicle. The same VIN must appear on all
required documents.
3. National Crime Investigation
Center (N.C.I.C.) Clearance
An “NCIC Clearance”, is a statement from law enforcement
indicating that the vehicle is not listed as “STOLEN” on their
files. Applicant must submit a completed
NCIC Certificate of Clearance
NOTE: NCIC Clearance
is only valid for 30 days, therefore, applicant may have to obtain another NCIC
Clearance before submitting paperwork for issuance of a New Mexico Title.
4. General Surety, Indemnity
Bond or Certificate of Title Bond
The applicant
must purchase the bond from a bonding company authorized to do business in New
Mexico. The bond must be for twice the value of the vehicle
and issued for a term not to expire for three years after
issuance. The value of the vehicle for
bonding purposes must be comparable to the most recent NADA Used Car Guide
Listing, NADA Antique Car Guide or a certified appraisal. The Vehicle Identification Number on the
Title Verification, VIN Inspection, and NCIC Clearance must all correspond with
the one on the bond. The bond must be a General
Surety Bond, Indemnity Bond or Certificate of Title Bond and must indicate that
it covers all documents used to support issuance of the Title. The bond must state:
a.
Where the Bond Company is organized (parent company).
b.
That the bonding company is authorized to conduct
business in New Mexico, and that they are authorized to transact surety bonds.
c.
That the bonding company will be responsible for all
liabilities, which might be incurred because of the issuance of Title, based on
the bond and will hold the Motor Vehicle Division, and it's employees, harmless
against any loss or damage from any action taken against the bond.
d.
That the bond will run three consecutive years.
5. Odometer Mileage Statement
If the vehicle is a motor vehicle (except off-highway vehicles) the
applicant must acknowledge the odometer mileage at the time of sale.
Note: If seller did not provide
an odometer disclosure statement, capture the odometer on the vehicle and enter
"NM".
Fees for Title and Registration Issued with Bond
Charge the regular titling
and registration fees. Compute the
excise tax based upon one-half (1/2) the amount shown on the bond.
The Application for Title and Registration MUST be made within 30 days from the date of issuance of the bond
or late registration fees apply. After ninety days, excise tax is 4.5%.
NOTE: All of the above documents
must be submitted with the Title Application. The documents must be the
original documents; copies will not be accepted. Each document must be inspected for erasures,
alterations, strikeovers, additions or any other discrepancies; reject the
application if there are any of these on any document.
1. Mechanic’s
Lien (48-3-1)
Persons/companies in the business of performing repair work may claim a
“Mechanic’s Lien” on a vehicle when the owner fails to pick up the vehicle and
pay authorized repair fees within a reasonable period of time. The vehicle must be in New Mexico and in the
lien claimant’s possession. If the lien
claimant chooses to dispose of the vehicle (eight years and older) to a
licensed dismantler he/she need only provide the licensed dismantler with an
NCIC Clearance and no further action is necessary. If the lien claimant chooses to sell the
vehicle, or if the vehicle is not eight (8) years and older, lien claimant must
follow instructions on titling through lien process. The lien process on this type of lien starts
when the account becomes due and payable.
This process applies to residents or businesses operating in New Mexico
only.
2. Storage Lien (48-3-1)
Persons/companies in the business of storage may claim a “Storage Lien”
on a vehicle when the owner fails to pick up the vehicle and pay authorized
storage fees within a reasonable period of time. The vehicle must be in New Mexico and in the
lien claimant’s possession. If the lien
claimant chooses to dispose of the vehicle (eight years and older) to a
licensed dismantler he/she need only provide the licensed dismantler with an
NCIC Clearance and no further action is necessary. If the lien claimant chooses to sell the
vehicle, or if the vehicle is not eight (8) years and older, lien claimant must
follow instructions on titling through lien process. The lien process on this type of lien starts
when the account becomes due and payable.
This process applies to residents or businesses operating in New Mexico
only.
3. Abandoned Vehicle Lien (48-3-1)
Persons/companies may claim an “Abandoned Vehicle Lien” on a vehicle that
was abandoned on their property and left for an unreasonable period of time,
generally at least thirty (30) days. The
vehicle must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of
the vehicle (eight years and older) to a licensed dismantler, he/she need only
provide the licensed dismantler with an NCIC Clearance and no further action is
necessary. If the lien claimant chooses
to sell the vehicle, or if the vehicle is not eight (8) years and older, lien
claimant must follow instructions on titling through lien process. The lien process on this type of lien starts
when the account becomes due and payable.
This process applies to residents or businesses operating in New Mexico
only.
4.
Landlord’s Lien (48-3-1)
Persons/companies in the business of renting may claim a “Landlord’s
Lien”. These liens are placed on a
vehicle (including mobile home or trailer) which has been placed in or upon the
claimant’s business, when the owner fails to pay authorized rent fees including
gas, water, electricity or other services within a reasonable period of
time. Lien claimant may be the owner or
operator of a rental dwelling, auto/trailer court or campground. The vehicle must be in New Mexico and in the
lien claimant’s possession. If the lien
claimant chooses to dispose of the vehicle (eight years and older) to a
licensed dismantler, he/she need only provide the licensed dismantler with an
NCIC Clearance and no further action is necessary. If the lien claimant chooses to sell the
vehicle, or if the vehicle is not eight (8) years and older, lien claimant must
follow instructions on titling through lien process below. The lien process on this type of lien starts
when the account becomes due and payable.
This process applies to residents or businesses operating in New Mexico
only.
5. Towing Lien (48-3-1)
Persons/companies licensed in the business of towing by the New Mexico
State Corporation Commission (SCC) may claim a lien on a vehicle when the owner
fails to pick up the vehicle and pay authorized towing and storage fees within
a reasonable period of time. The vehicle
must be in New Mexico and in the lien claimant’s possession. If the lien claimant chooses to dispose of
the vehicle (eight years and older) to a licensed dismantler, he/she need only
provide the licensed dismantler with an NCIC Clearance and no further action is
necessary. If the lien claimant chooses
to sell the vehicle, or if the vehicle is not eight (8) years and older, lien
claimant must follow instructions on titling through the lien process. The lien process on this type of lien starts
when the account becomes due and payable.
This process applies to residents or businesses operating in New Mexico
only.
1. 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.
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 MVD
Form 10058 “Notice of Lien”. 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 LIEN CLAIMANT IS
UNABLE TO OBTAIN THE REGISTERED OWNER’S NAME AND ADDRESS, THE LIEN PROCESS
CANNOT BE COMPLETED!
An NCIC Clearance, MVD Form 10468, is a statement from the
State Police indicating the vehicle is not listed as “STOLEN” on their
files. Applicant must submit a completed
NCIC Certificate of Clearance.
· NCIC Clearance is only valid for
30 days, therefore, lien claimant may have to obtain another NCIC Clearance
before submitting paperwork for issuance of a New Mexico Title.
3. Notice of Lien
The lien claimant must complete MVD Form 10058, “Notice of
Lien”. 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.
4. 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 ten (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 (6) handbills in six (6) 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 (2) 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 seventy (70) days from
the date indicated on the certified mail receipt.
5. Title Verifications
Which 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 sixty (60)
days from the date of the second newspaper publication.
6. Affidavit of
Resale
The Affidavit of Resale 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 MVD Form 10059, “ Affidavit of Resale” 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 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. Must be transferred within thirty (30)
calendar days from date of auction or penalty will apply.
7. Vehicle
Identification Number Inspection
A certified VIN inspector must inspect the vehicle. The same VIN must appear on all required
documents.
8. 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.
9. A 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.
NOTES:
· 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. Motor Vehicle
Division field office personnel will begin 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
is left an abandoned vehicle, CANNOT obtain Title by surety bond process to
circumvent lien process.
If the owner of a vehicle dies and leaves a Will, and the Will is
probated, the Probate Court may name a personal representative (may also be
called "administrator", "executor" or
"executrix") for the estate in order to dispose of the assets.
A Tribal Judge may also give an “Order of Appointment for
Administrator” to an individual(s) for the estate in order to dispose of the
assets. This document must be issued within
the tribal jurisdiction and signed by the Tribal Judge. An original or certified copy must be
provided. The Motor Vehicle Division
will accept the document to transact Titles.
· Certificate of Title – Current
· Letter of Testamentary and Acceptance – Issued by the Probate Court or District
Court and signed by the Judge, naming a personal representative(s),
administrator(s), executor(s) or executrix(s) of the estate. The document must be a certified copy. In situations where the judge has appointed
more than one individual, signatures will be required depending on how
appointees are joined (i.e. “and” –
all signatures required, “or” – only
one signature required).
· Bill of Sale – The assignment of Title or MVD
Form 10009, “Bill of Sale” properly completed to show transfer to new owner.
·
Odometer Disclosure Statement – Must be
provided for motorized vehicles, except off-highway vehicles.
NOTE: Field office shall make a
photocopy of the “Letter of Testamentary and Acceptance” and then must indicate
that the “original” certified copy has been viewed.
2.
Fees
All normal fees are applicable.
Excise tax will not be applicable if the applicant is named in the Will as
the recipient of the vehicle.
When the estate is less than $30,000 the claiming successor may apply
for Title. “Transfer without Probate”
from out of state is not accepted. They
must be converted to the out of state Title issued by that jurisdiction.
Documents Required
1.
Certificate of Title
2.
Certificate of Transfer without Probate or Affidavit of
Claiming Successor
3.
Original or Certified Copy of Death Certificate
4.
Release of Lien, if lien is reflected
If Title is lost, claiming successor may apply for duplicate
Title. Clerk will process transaction as
a title transfer and add in duplicate title fees.
NOTES:
· Claimant does not need to be related to the deceased.
· Field office personnel
must certify on the copy, that they have viewed the original Death Certificate.
When a vehicle owner dies, with or without a Will, and the deceased's
estate is challenged by an interested party, the Probate Court where the
deceased lived will transfer the Adjudication of the Estate to District
Court. The court will then issue a Court
Order indicating who will be the recipient of the vehicle(s). To transfer the ownership of the vehicle, the
Motor Vehicle Division will ONLY accept an original or certified
copy of a Court Order.
Document Requirements
1.
Certificate of Title – The
current Title must be surrendered. In
cases where the Title is lost, stolen, etc., the recipient may obtain a
duplicate Title. The transaction shall
be processed as a Title transfer with the duplicate title fee being added
in. Begin transaction with a vehicle
inquiry and print the vehicle record.
2.
Original or Certified Copy of Court Order, which names the recipient of the vehicle AND identifies the
vehicle(s). In cases where the Court Order
has an error or errors in the identification of the vehicle(s), the recipient
must obtain an Amended Court Order indicating the correct vehicle information.
3.
Release of Lien, if the Title
shows a lien holder.
4.
Fees – Normal
registration and title fees are applicable.
If the applicant is the recipient named in a Will, no excise tax is
applicable.
5.
Odometer Disclosure Statement – Must be provided for motorized vehicles except off-highway vehicles.
6.
Bill of Sale – The recipient
of the vehicle may transfer ownership to another individual. This transaction will be processed as a
“double transfer”, assessing the title fee to the original recipient and
another title fee to the new owner. Tax
and registration fees will be assessed as applicable to the new owner only.
Court Orders are decisions by the courts
establishing ownership of certain tangible properties including motor
vehicles. The Court Order awards
ownership of a vehicle to an individual or business in cases such as divorces,
ownership disputes, forfeitures, etc.
Documents Require
1. Certificate of Title – The current Title must be surrendered. In cases where the Title is lost, stolen,
etc., the recipient may obtain a
duplicate title. The transaction shall be processed as a title
transfer with the duplicate title fee being added in. Begin transaction with a
vehicle inquiry and print the vehicle record.
2. Original or Certified
Copy of Court Order – Which names the recipient of the
vehicle AND identifies the vehicle(s).
In cases where the
Court Order has an error or
errors in the identification of the vehicle(s), the recipient must obtain an
Amended Court Order indicating the
correct vehicle information.
3.
Release of Lien – If the Title
shows a lien holder.
4.
Fees – Normal
registration and title fees are applicable.
If the applicant is the recipient named in a Will, no excise tax is applicable.
5.
Odometer Disclosure Statement – Must be provided for motorized vehicles except off-highway vehicles.
6.
Bill of Sale – The recipient
of the vehicle may transfer ownership to another individual. This transaction will be processed as a
“double transfer”, assessing the title fee to the original recipient and
another title fee to the new owner. Tax
and registration fees will be assessed as applicable to the new owner only.
NOTE: Clerk will begin transaction with a vehicle
inquiry, if there is an outstanding lien against the vehicle the title
applicant must provide a "Release of Lien" or the court document must
order Motor Vehicle Division to issue a “Lien-Free” Title. If release of lien is not provided or Court
Order does not order the issuance of a Lien-Free Title, carry the lien over to
the new Title.
A Sheriff's Sale is a sale by a Sheriff who has been directed by the
courts to dispose of property to satisfy a debt. The sale of the vehicle at
public auction must be advertised, before the sheriff can conduct the sale.
1.
Certified Copy of Court Order – A Writ of Execution issued by the court directing a county sheriff to
seize and sell the vehicle owner's property to satisfy a debt.
2.
Sheriff’s Notice of Sale – Must be signed by the Sheriff, or other person appointed to conduct
sale. The notice must state the title of
the cause in which judgment was obtained and the nature of the action. It must indicate the date of the judgment and
completely identify the vehicle, including the VIN. It must state whose property is being sold,
the amount of the judgment, accrued interest to the date of sale and state the
date, time and place of sale. The notice
shall have been published for four weeks immediately proceeding said sale. The “Notice of Sale” must be signed by the
Sheriff and certify under penalty of perjury that Notice of Sale was given
through publication in a newspaper.
3.
Bill of Sale – Shall be
issued by the Sheriff, or the person who conducted the sale, to the purchaser.
(i.e. auctioneer).
4.
Vehicle Identification Number Inspection – Conducted by a certified VIN inspector to verify that the VIN
on the vehicle corresponds with that on the Motor Vehicle Division vehicle
record and on all supporting documents.
5.
Odometer Disclosure Statement – Must be provided for motorized vehicles except off-highway vehicles.
Fees – Registration and title fees
apply upon transfer. Applicant must
apply for Title and Registration within 90 days.
The Department of Treasury, Internal Revenue Services, U.S. Customs
Service, U.S. Marshal's Office, or local and state law enforcement agencies
under its authority may confiscate vehicles from persons who neglect or refuse
to pay taxes to the Federal Government, or who use their vehicles in illegal
operations.
Disposal of those vehicles is handled by the issuance of government
documents, which are equivalent to a Court Order.
1. Internal Revenue Service
The Internal Revenue Service disposes of the vehicle with a Certificate
of Sale of Seized Property - Form 2435. (Authority
is granted under Federal Statute Section 6339 (a-5). This form serves as an ownership document,
identifies the person or company from whom property was confiscated, and name
of the successful bidder (purchaser).
2. U.S. Customs Service
· The U.S. Customs Service disposes of vehicles with a Report and
Assignment of Voluntarily Abandoned and Forfeited Property, Customs Form 42
which the owner signed relinquishing his right to the vehicle. If this form is not submitted then U.S.
Customs must provide a Court Order.
· Miscellaneous Non-expendable Property Transactions, Customs Form 37
must accompany the transaction.
· U.S. Customs Service Disposition Order is used to identify the
purchaser/recipient of the vehicle.
3. United States Marshal's
Service confiscates and disposes of vehicles with:
· United States Marshal's Bill of Sale, which in itself is a Court Order
(Comprehensive Crime Control Act of l984 - Public Law 98-473). The United States Marshal's Bill of Sale must
be signed by the U.S. Marshal, Deputy Marshal, or a designated representative,
and must indicate the court case number.
All forms must contain Vehicle Identification Number, year model, make
of vehicle and purchaser's name.
NOTE: Any of the above government forms, if
properly completed, supersede Titles issued by any licensing jurisdiction and
recipient must convert document to a Title in his/her name.
·
Government document for the respective
transaction must contain:
a.
Complete Description of Vehicle; i.e. Vehicle
Identification Number, year model and make.
b.
Odometer Mileage Reading.
c.
Purchaser's Name.
d.
Sale Price of Vehicle.
All vehicles being titled after government seizure must be visually
inspected to verify that the vehicle identification number on all documents
corresponds with the vehicle. Upon inspection of the vehicle, should there be
any alterations or signs of tampering with the VIN plate, STOP inspection and
contact law enforcement.
A certified VIN inspector must
conduct inspection of the vehicles.
If the Vehicle Identification Number on the
government form does not correspond with the number on vehicle, form must be
rejected. Applicant shall obtain a
corrected form from the issuing agency.
2. Fees
Applicant shall pay tax, title and registration fees. Excise tax is based on sale price indicated
on the government form.
Penalty applies for failure to transfer ownership
within 90 days from date of assignment.
NOTE: Vehicles abandoned on
Public Lands (City, County, State) can be removed with a Court Order or
Authorized Order of Tow Away to a Licensed Dismantler.
Reconstructed, rebuilt, homemade or shop built vehicles
may be titled, if the applicant has all the required documents and provided
that the vehicle conforms to all vehicle equipment safety standards applicable
to the particular vehicle being constructed.
1.
Manufacturer Certificate of Origin or Certificate of
Title – Required only for the factory chassis of the
vehicle. This does not apply when the
chassis is “shop built” or homemade.
2.
Invoices and Bills of Sale – Must be surrendered for all parts purchased to build and bring into
compliance the “constructed or reconstructed” motor vehicle.
3.
Affidavit of Constructed or Reconstructed Vehicle – MVD Form 10015, shall be completed and signed by the applicant
attesting to the fact that the vehicle has been constructed or reconstructed
from factory chassis, homemade chassis or “shop built” chassis. The affidavit also indicates whether vehicle
was previously titled or registered in another state.
4.
Vehicle Equipment Affirmation – MVD Form 10053, shall be completed and signed by the
applicant. Review document to ensure
applicant has checked off all equipment required for the type of vehicle being
registered. Assembled vehicles must
comply with federal standards for highway use (this is the owner's
responsibility). If applicant tells you
that some of the equipment is still missing or not working, DO NOT process the
transaction.
5.
Weight Certificate – Must be
provided to accurately assess registration fees.
6.
NCIC Clearance
– Required on the factory chassis, the cab and the engine.
7.
NM Assigned VIN – Must be affixed to the vehicle by Motor
Vehicle Division employee, or certified LEI Law Enforcement Officer. If giving
number to law officer, note name and badge number in remarks. When preparing to affix VIN plate to vehicle,
if clerk can obviously see that the vehicle does not comply with vehicle
equipment standards, do not attach VIN plate; instead VOID the transaction.
· Factory-Made Chassis Determines Year Model – On vehicles that are reconstructed, the chassis (when the chassis,
parts and equipment, including the frame, are standard factory equipment) will
determine the year model of a vehicle.
Enter VIN from the Title of the chassis as the primary number and
"NM"-prefix VIN is used as a secondary VIN number. The vehicle must
be identified as "REBUILT" in the "brand" field, and
the Title and the division copy (Title Application) are branded
"REBUILT".
· Shop-Built Chassis Determines Year Model – When the vehicle is built from scrap metal, “shop-built” parts, or
parts from other vehicles, but the chassis and/or body is shop-built, the year
in which the vehicle is built will determine the year model. The vehicle make will be "HOMEMADE",
and the constructed vehicle must comply with all current safety requirements
for highway operation. Assign a
"NM"-prefix VIN as the primary VIN number.
Fees
Normal fees apply.
The excise tax will be based on the purchase price of the partially
dismantled vehicle, other parts purchased, plus labor involved in rebuilding
the vehicle.
Glider Defined
A vehicle may be titled after reconstruction from a
"GLIDER". "Glider"
means the front axle, frame rail, sleeper, cab and chassis of a large
("semi") truck. It has
everything except engine, transmission and rear axles. Titles issued to reconstructed vehicles from
a “Glider” will show the year model and make that are shown on the MCO of the
“Glider”.
Documents Required
1.
Manufacturer's Certificate of Origin – With assignment completed to the applicant.
2.
Manufacturer or Dealer Invoice – Must be an original or certified copy and contain complete
description of the “Glider” including the Vehicle Identification Number and
indicate the sales price.
3.
Affidavit of Constructed or Reconstructed Vehicle – MVD Form 10015, shall be completed and signed by the applicant
attesting to the fact that the vehicle has been constructed or reconstructed
from factory chassis, homemade chassis or “shop-built” chassis. The affidavit also indicates whether vehicle
was previously titled or registered in another state.
4.
Vehicle Equipment Affirmation – MVD Form 10053, shall be completed and signed by the
applicant. Review document to ensure
applicant has checked off all equipment required for the type of vehicle being
registered. Assembled vehicles must
comply with federal standards for highway use (this is the owner's
responsibility). If applicant tells you
that some of the equipment is still missing or not working, DO NOT process the
transaction.
5.
Weight Certificate – Must be
provided to accurately assess registration fees.
Fees – Normal fees
apply. Excise tax is based on the sale
price indicated on the invoice for the “Glider” (from a dealer or a
manufacturer), receipts for parts, and labor cost to rebuild the vehicle.
Year Model and Make Determined by Chassis
The Title issued to a “reconstructed vehicle” using an existing
factory-made chassis and a kit will indicate the make, year model, and VIN of
the vehicle as identified on the outstanding Title. The make identified on the kit will be
indicated in the "body type" block and "Rebuilt" will be
indicated under "brand" block.
If the MCO or Invoice for the kit shows an identification number, this
number must be captured as the secondary identification number on the Title.
EXAMPLE: A Mercedes kit placed over a 78 Ford chassis - Make of vehicle is
“Ford”, series is “MRZ”, year model is “78”.
The Certificate of Title and Registration shall indicate in the “BRAND”
field that it is a “REBUILT” vehicle. In
the “remarks” section of the Title Application indicate “kit car Mercedes Benz
replica”.
1.
Certificate of Title – The
current Title for the existing chassis.
2.
Manufacturer's Certificate of Origin for Kit – Must have assignment properly completed to the applicant.
3.
Invoice – Must be the
original or a certified copy, indicating the identifying number(s), purchaser’s
name and the sales price of the kit.
4.
Affidavit of Constructed or Reconstructed Vehicle – MVD Form 10015, shall be completed and signed by the applicant
attesting to the fact that the vehicle has been constructed using a factory
chassis, homemade chassis or “shop-built” chassis and a kit.
5.
Vehicle Equipment Affirmation – MVD Form 10053, shall be completed and signed by the
applicant. Review document to ensure
applicant has checked off all equipment required for the type of vehicle being
registered. Vehicles must comply with
federal standards for highway use (this is the owner's responsibility). If applicant tells you that some of the
equipment is still missing or not working, DO NOT process the transaction. If the vehicle is an older model vehicle or a
replica of one, which at the time of manufacturer did not require equipment
mandatory now, the Motor Vehicle Division will not issue a Title until the
vehicle conforms to the federal standards.
6.
Weight
Certificate – Must be provided to
accurately assess registration fees.
7.
VIN
Inspection – Must be conducted by a
Certified VIN Inspector.
8.
NM Assigned
VIN – The NM assigned number will be the
secondary number when vehicle is built from a factory chassis, the factory
chassis will be the primary number. If
vehicle built has a homemade or shop built chassis the NM assigned VIN shall be
the primary VIN. A Motor Vehicle
Division employee or certified LEI Law Enforcement Officer must affix the NM
assigned Vin to the vehicle. If giving
number to law officer, note name and badge number in remarks. When affixing VIN plate to vehicle, if clerk
can obviously see that the vehicle does not comply with vehicle equipment
standards, do not attach VIN plate; instead VOID the transaction.
Fees –
Normal fees apply. Excise tax will be
based on sale price indicated on invoice for vehicle chassis, kit and other
parts purchased to construct the vehicle.
NOTE: A horseless carriage plate
may be issued if the chassis used is for a vehicle over 35 years old and looks
like the vehicle described on Title. A
vehicle identified as a replica does not necessarily qualify it for a horseless
carriage plate.
Unless the Certificate
of Title conveying ownership indicates the vehicle as “SALVAGE”, it shall be
unlawful for any person to sell or otherwise convey ownership of any vehicle
that has been damaged by collision or other occurrence to the extent that the
cost of repairing the vehicle for safe operation on the highway exceeds its
fair market value or that has been declared a total loss by an insurance
company.
When the source
document for an Application for Title is a New Mexico Dismantler Notification
Form, the vehicle must be identified as “SALVAGE”. Field offices that issue Titles over the
counter must stamp the Title, as well as the department copy, in red letters
with the word “SALVAGE” at a 45 degree angle on the empty space next to the
"registered owner" block. “SALVAGE” must be entered in the “brand” block
on the Title Application. The Motor
Vehicle Division will assign an “NM” prefix identification number, which will
be entered as a secondary number. A
department employee or certified LEI Law Enforcement Officer must affix the
assigned VIN tag.
1.
“Dismantler Notification”, MVD Form 10172 – This is surrendered as the “Title” would be
when applying for title transfer and registration.
2.
Dealer's Bill of Sale – Properly
assigned from the dismantler to the purchaser.
A regular Bill of Sale may not be used.
3.
VIN Inspection – Must be
conducted by a Motor Vehicle Division Certified VIN Inspector.
4.
NCIC Clearance – The clearance
must be the original, signed by the law enforcement officer who clears the
vehicle and it CANNOT be over 30 days old.
5.
Dismantler Invoice – Must be
an original or a certified copy, it must indicate the vehicle information
including the VIN and reflect the sales price.
6.
“Affidavit of Reconstructed Vehicle”, MVD Form 10015 – Must be completed and signed by the applicant attesting that the
vehicle has been reconstructed from an existing chassis.
7.
“Vehicle Equipment Affirmation”, MVD Form 10053 – Shall be completed and signed by the applicant. Assembled vehicles must comply with federal
standards for highway use (this is the owner's responsibility). If owner states that parts are missing or not
yet working you should not process the Title.
8.
Invoices – All parts or
equipment purchased shall be added to the sales price (of the vehicle) for
accurate computation of excise tax due.
9.
Weight Certificate – Must be
provided for accurate computation of registration fees.
10.
New Mexico Assigned VIN – The New
Mexico assigned VIN shall be the secondary VIN on the Certificate of
Title. A Motor Vehicle Division employee
or certified LEI Law Enforcement Officer must affix the New Mexico assigned VIN
to the vehicle. If giving the number to a law officer, note name and badge
number in remarks. When affixing VIN
plate to vehicle, if clerk can obviously see that the vehicle does not comply
with vehicle equipment standards do not attach VIN plate, instead VOID the
transaction.
NOTE: When processing Title,
enter "DISM" and the Dismantler Form Control Number in the Previous
Title Field (example "DISM103456").
Fees
Excise tax is based on sale price of the partially dismantled vehicle,
invoices for other parts purchased, and labor involved in rebuilding the
vehicle. The vehicle type, empty weight or DGVW (if it is a truck or motor
home) determines registration fees.
Penalties do
not apply when processing these types of transactions involving dismantler
notifications. Excise tax is not increased
to 4.5% if application date is 90 days past purchase date. Late transfer fee does not apply even if
applicant has exceeded the 30-day period from the date of purchase to the date
of the Application for Title.
The Motor
Vehicle Division does not issue a "Title Only" unless the vehicle has been repaired and
satisfies the safety equipment requirements identified on MVD Form 10053,
"Vehicle Equipment Affirmation".
When a vehicle, trailer or manufactured home has
multiple records with the same VIN, clerk should view all records and match the
VIN on the record to the VIN on the Title.
Transactions should be processed by assigning a “NM Vehicle
Identification Number” as the primary number and entering the “Factory VIN” as
the secondary VIN.
Documents Required
1. Title – Surrender current Title with “Factory VIN” and issue new Title with “NM
Vehicle Identification Number and “Factory VIN” reflected.
2.
Assigned
NM VIN – The NM assigned VIN must be affixed to vehicle or trailer
by the clerk, unless it is a manufactured home.
If processing transaction for a manufactured home the “NM Vehicle
Identification Number” sticker shall be given to applicant to affix to the
manufactured home.
When a “Trust” is established there are legal documents that are recorded
generally through a County Clerk’s Office.
These documents are used to manage the “Trust”. Most important these
documents will state who is appointed as “Trustee”. Sometimes there is more
than one “Trustee” and all “Trustees” appointed must manage the “Trust”
together if the “Trust” indicates that they cannot act independently of each
other.
Title transactions involving a “Trust” are handled the same way you would
handle title transaction involving a “Court Order”. You will follow the same
basic procedures when processing title transaction.
Documents
Required
1.
Mco or Certificate of Title – With assignment completed to the
applicant.
2. Dealer Invoice – When purchased
from a dealer.
3. Bill of sale – Assignment of
title completed or Bill of sale form properly completed.
4. Odometer Mileage Disclosure
Statement – As needed.
5. Release of Lien – As needed.
6. Lien holder Information – If applicable.
7. Proof of trade-in
8. Power of Attorney(POA) – As needed.
9. Affirmation of Insurance
10. Identification –(i.e. Motor Vehicle
Division photo ID card or driver license) – If more than one person
established as “Trustee” and their names are joined by the word “AND” then all
signatures are required to process title transactions. If their names are
joined by the word “OR” then only one signature is required.
11. Copy of the “Trust” (for
verification of trustees, need not copy whole trust)
12. Notice of Additional Requirements –
When
needed.
13. VIN Inspection and N.C.I.C.
Clearance – Required for all out of state titles.