4.  Odometer Statement

The Motor Vehicle Division requires that the seller and buyer of a vehicle attest to the accuracy of the odometer mileage reading at the time of sale. The odometer mileage statement can be attested to in the assignment on the back of the New Mexico Title, on MVD Form 10009 “New Mexico Motor Vehicle Bill of Sale”, on MVD Form 10187 “Odometer Mileage Statement” or MVD Form 10001 “Application for Title and Registration”.  Odometer mileage disclosure statements may be accepted provided that they conform to federal standards, meaning they must have the language stating mileage is actual (AM), exceeds mechanical limits (EL) or warning odometer discrepancy (NM).  The odometer statement is required on all motor vehicle title transactions, except off-highway vehicles, vehicles 10 years old and older, and vehicles with a gross rating greater than 26,000.

5.  Vehicle Identification Number Inspection

All used vehicles with Titles from any state other than New Mexico, being registered and titled in New Mexico for the first time, shall be visually inspected, by a certified VIN inspector to verify that the vehicle identification number on Title corresponds with the vehicle.  This includes all  “U.S. Government Certificate of Release of a Motor 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 for a Level 3 or Level 4 VIN Inspection.  MVD Form 10861A shall be entirely completed by the inspector.

 6.  Proof of Ownership for a Trade-in Vehicle

If a vehicle was traded-in on the new vehicle, a copy of the trade-in registration or copy of Certificate of Title is required.  Field offices can verify ownership from the automated file (computer).  Title work brought in by dealers must include verification of ownership on vehicle trade-in.  Field office personnel will not verify ownership of a trade in for a dealer. If proof of trade-in is a copy of the Title, verify license plate number before reassigning the plate to the new vehicle.

 7.  Release of Lien

When the outstanding Certificate of Title reflects a lien and there is a transfer of Title to a new owner or name change, the lien shown on the previous Title must be properly released.  The lien can be released by proper endorsement of the lien holder, on the designated area on the outstanding Certificate of Title, MVD Form 10041 “Release of Lien”, or notarized release on letterhead signed by the lien holder.  When lien holder is bank, financial institution, credit union, or other company the person releasing the lien must indicate their “position” with the company (agent, president, title clerk, etc.).

8.  Proof of Residency

New Mexico requires residency in the state to title and register a vehicle.  The applicant for Title and Registration must provide a bona fide New Mexico residence address and mailing address.  The applicant must provide proof of the address, whether applicant is new to the state or changing to a new address.  Reject the application if the applicant does not have a New Mexico residence address.  Exceptions:  Vehicles registered to a business may use a New Mexico business address instead of a residence address.

NOTE:  Post office box numbers are NOT acceptable as residence addresses, however they will be recorded as mailing addresses.

9.  Power Of Attorney (POA) General or Limited

1.       Must be notarized;

2.       Owner must sign in ink;

3.       Certified copies of POA are accepted;

4.       If notary and commission expire, POA remains active until rescinded by owner;

5.       POA cannot be used to execute any transaction after death of grantor;

6.       Dealers MUST use a secured POA ONLY;

7.       Proof of ID for Owner's Representative (Motor Vehicle photo I.D. Card or license).

NOTE:  A person appointed with a Power of Attorney CANNOT assign authority by Power of Attorney to another individual.

10.  Title Application with Owner’s Signature

When lien holder, dealer, or title company is submitting title work for applicant, the “Title Application” completely filled out must be included.  The owner or the authorized representative must sign, in ink, on the “Title Application”.  If a representative is signing for the applicant, a notarized “power of attorney” is required.  An owner of a company or an officer of a corporation may sign the application for Title without a power of attorney.  A representative of a business who signs a title transaction document must print, type or stamp the business name and their title or position with the company.

11.  Identification (Motor Vehicle Division Photo ID card or Driver License)

12.  Proof Of Insurance  (66-5-208B) NMSA)

The Mandatory Financial Responsibility Act (MFRA) of 1984 requires that every owner of a motor vehicle registered in New Mexico demonstrate proof of financial responsibility for liability for damages, which may arise from the operation of the motor vehicle. Insurance must be in the name of the registered owner and meet New Mexico minimum requirements.  An insurance identification card, an insurance binder or insurance policies are the only acceptable forms of “proof of insurance”.

$25,000/bodily injury to or death of one person in any one accident

$50,000/bodily injury to or death of two or more persons in any one accident

$10,000/injury to or destruction of property of others in any one accident

If proof of insurance indicates applicant has an out of state address you must verify that insurance meets New Mexico’s minimum requirements.  If proof of insurance indicates applicant has an Albuquerque address you must verify applicants current address.

13.  Notice of Additional Requirements

When reviewing all the documents submitted by the applicant, if you should find that ANY of the required documents are missing; you must prepare MVD Form 10282 “Notice of Additional Requirements for completion of Vehicle Transaction”.  Use this form to document all requirements that have been met and especially to document everything that is missing or incorrect.  Transactions will be rejected if documents lack any necessary information, if documents do not have all signatures, or if documents are incorrect or missing information.  Any discrepancies found shall be explained to the applicant.  Be sure to review documents carefully and note all additional requirements necessary to complete the transaction.  Date the form with the date you issued it, give it to the applicant and advise them all required documents must be returned within 30 days of the date on the form to avoid late registration penalties.

Reject the transaction if there are any erasures, alterations, type-overs or discrepancies on the documents.  To the extent possible, documents should have the same typeset, ink, etc, to avoid being reviewed by staff as an alteration.

14.  Lien holder Information

When the vehicle is subject to a lien, the following information shall be entered on the Application for Title:

a.       File and maturity date;

b.       Name and address;

c.       Lien holder key code, if any;

d.       When names of applicants are joined by word “AND” both signatures are required.

15.  Spouse May Add Other Spouse’s Name with a Bill of Sale

If an owner to whom the Assignment of Title is made wants to add the name of a spouse, he or she may do so at the time of the original title transaction.  A Bill of Sale from the spouse indicated on the Bill of Sale to the names of both must be completed. The Bill of Sale should indicate “adding name of spouse”.  The lien holder, if any, must give written permission.

16.   Emission Inspection

Bernalillo County residents (who fall in the zip code category listed herein) will be required to provide emission inspection certificates upon Application for Title and Registration on new and used vehicles.  Exceptions are new vehicles sold by a dealer (MCO document), 1974 and older vehicles, motorcycles, diesel powered vehicles, vehicles with a DGVW greater than 26,000 lbs., and those vehicle owners who reside outside Bernalillo County.  The following are zip codes for which emission inspections are mandatory for registering vehicles in the state of New Mexico.

BERNALILLO COUNTY ZIP CODES

87008   87101   87105   87109   87113   87117   87121   87153   87185   87194

87022   87102   87106   87110   87114   87118   87122   87154   87190   87195

87047   87103   87107   87111   87115   87119   87123   87176   87191   87196

                                      87059   87104   87108   87112   87116   87120   87125   87184   87192   87197 87198

NOTE:  Questions may be referred to the Pollution Control Management Division, 1500 Broadway, N.E., Albuquerque, New Mexico 87102, Telephone number (505) 764-1110.

SECTION B.  DOUBLE TRANSFER   (66-3-103B) Owner to Obtain Title in his Name

Any individual who purchases a vehicle whether in New Mexico or any other state must obtain Title in his name before selling the vehicle and transferring it.  Exceptions are made when the previous owner failed to transfer the Title into his name.  This is referred to as a “Double Transfer”.  The procedures for carrying out this type of transaction are as follows:

·         All documents, with consecutive bills of sale, odometer statements, as well as proper assignments must be obtained and fees due on all transfers must be paid.

·         Title Application is to be completed in the name of the most recent purchaser. Only one processed application will be required.  Completion of the Title Application is to be as follows:

a.      Itemize all fees due for each transaction and document the breakdown in the “Remarks” section of the Title Application.  Also include the fees for the current transaction.  You must also include the purchase price for each transaction itemized.

b.      When reporting the fees in the regular “fee section”, one entry will be made in each category, which will be the total of each transaction itemized in the “Documents Surrendered and Remarks” section.

c.       Only one registration fee is assessed – this will be on the last transfer.

d.       Net excise tax entry will be the sum of all taxes for each transaction over 90 days from date of sale and will include penalties if transfer is over 90 days.

e.       Administrative fee will be the sum of administrative fees required on each transfer.

f.         The transaction fee will be for the sum of the transfer fees required for each transfer.

g.       Late transfer fee is assessed on every New Mexico title transaction whose application date exceeds 30 days from sale date.  This should be summed as a total under the fee section.

h.       The “TOTAL” in the fee section should be the sum of all monies collected on the complete application, again to include the latest transaction.

SECTION C.  OTHER TITLE TRANSFER SITUATIONS

1.  Vehicle Purchased from a New Mexico Dealer

It is not necessary for the New Mexico dealer to convert the Title to his name prior to the sale.

2.   Vehicles Purchased from Auctions

·        New Mexico Auctions - If the first assignment from the face owner on a New Mexico Title shows a New Mexico dealer and there are subsequent assignments to a New Mexico auctioneer, the auctioneer can assign the New Mexico Title to an individual purchaser.  That is provided the auctioneer is licensed as a dealer with Motor Vehicle Division.  The auction firm does not have to apply for the Title in the name of the auction.

·        Out of State Auctions - An out of state auctioneer may assign the out-of-state Title to a New Mexico individual purchaser without converting Title into the auction name.  The New Mexico purchaser shall then apply for a New Mexico Title.        

3.  Divorce Decrees

Transfer of Title can be accomplished on the strength of the final divorce decree, issued by the court.  The decree must be a certified copy and must stipulate that the described vehicle was awarded to the title applicant.  The decree must contain the court seal.  The description of the vehicle does not have to include the VIN.  The license plate goes with the owner of the vehicle who the court has decreed the legal owner, (provided that their name is already on the Title as one of the owners).  Either joint owner’s can delete their name from the Title based on the divorce decree.

4. Transfer of Equity

 A transfer of equity is an inter-party agreement between the registered owner of a vehicle, the person who will take over payments, and the financial institution.  The “Affidavit Certifying Change of Equity” MVD Form 10044 is to be used in lieu of the Bill of Sale and Release of Lien.  The transfer of equity serves this purpose and a release of lien is not required on this type of transaction.  Excise tax is based on the assumed balance indicated on the transfer of equity form.

SECTION D.  REQUIREMENTS FOR TRANSFER OF TITLE WITH MULTIPLE OWNER’S NAMES JOINED BY “OR”, “AND”, OR “AND/OR”

Owners Names Joined by the word “OR”

When the owners’ names on the Title are joined by the word “OR”, only one signature is required to apply for, assign or encumber the vehicle.

Registered Owners Joined by the Word “AND”

When the owners’ names are joined on the Title by the word “AND” all of the owners must sign to apply for, assign, or encumber the vehicle.

Do Not Use “AND/OR”

Do not use the words “AND/OR” in combination when preparing a vehicle Title unless the names are connected that way on the MCO assignment.  Use the word “AND” or the word “OR” alone, depending upon the wishes of the owners after you have explained the difference between the use of the two connecting words.  Do not use any other form of connecting the names of two or more registered owners.

Note:  If the names of the registered owners shown on the Title are not joined by the word “and” or the word “or”, then indicate joint ownership with the word “and” on the Title.

Out of State Titles

The above guidelines may not apply to out-of-state titles due to different laws of that state.  Refer to the Chart Section of this manual or to the current R. L. Polk book for other state requirements.

SECTION E.  TRANSFERRING VEHICLE UPON DEATH OF REGISTERED OWNER

1.  Registration to Remain Valid

The plate and registration on the vehicle remains valid while being operated by the administrator, executor, of an estate for the remainder of the current registration period or until the vehicle is transferred to either the recipient or any other party.

2.  Transfer Made Into Name of Recipient (Administrator, Heir, Executor)

If the vehicle is transferred into the name of the recipient (administrator, heir, executor) the recipient will pay registration and title fees.  No excise tax is applicable.

Recipient will be liable for late registration fees if the vehicle was operated after the registration period paid in the name of the deceased has expired.

3.  Transfer Made Into Name Other Than the Recipient

If this vehicle is transferred to any party other than the administrator, executor, heir or recipient of the estate – then the new owner must pay registration, title fees and excise tax.

New owner will be liable for late registration and transfer penalties as evidenced by documents showing a date of sale or date of assignment.

SECTION F.  PLATE TO OWNER PROCESS

Owner’s Responsibility to Remove Plate

The registered owner of the vehicle, upon transfer of ownership, is responsible for removing the license plate from the vehicle to be sold or traded in.  The owner has 30 days to either place it on another vehicle of the same class or have it cancelled by the Division.

1.      Individual Purchases Vehicle from Individual Other Than a Dealer

·         Seller is to remove license plate from the vehicle sold and has 30 days to have the plate assigned to another vehicle or return it to the Motor Vehicle Division for cancellation.

·         Purchaser will place new license plate on the vehicle that he has just purchased, provided that proper fees and taxes are paid.

·         If purchaser does not have a license plate from a vehicle of the same class a new license plate will be issued to the newly acquired vehicle.

2.       Individual Purchases Vehicle from Dealer – Has Trade-In

·         Dealer/Seller is to remove the plate from the vehicle being traded-in.  This license plate is not to remain on the vehicle.

·         If the new vehicle is of the same class as the old vehicle, assign the plate to the new vehicle.  If dealer did not assign plate or customer has lost the plate, assess replacement plate fee of $10.00, and issue new plate.

·         If the plate is not of the same class as the vehicle being purchased, return the plate to the Motor Vehicle Division for cancellation.

·         If the dealer submits an application indicating a trade-in and the license number block is blank, the clerk must verify if a plate was on trade-in vehicle.  If so, charge $10.00 for a replacement plate.

3.       Individual Purchases Vehicle from Dealer, No trade-in

·         Clerk should ask purchaser if they have a license plate from another vehicle that they have disposed of within the past 30 days.  If the purchaser does not have a license plate, a new plate will be issued at no additional fee.