How To Claim an Abandoned Vehicle in New Mexico

Claiming an abandoned vehicle in New Mexico is a title and lien matter regulated by state law, Motor Vehicle Division procedures, and towing rules. Compliance with notice requirements, mailing deadlines, sale procedures, title application requirements, and record retention duties is necessary before ownership may be transferred or a vehicle may be dismantled, sold, or retitled.

What Qualifies as an Abandoned Vehicle in New Mexico

Under the state definition, an abandoned vehicle is one that a New Mexico law enforcement agency has determined to meet all of the following elements under the statutory abandoned vehicle definition:

• It has been left unattended on public or private property for at least 30 days.
• It has not been reported stolen.
• No person has claimed ownership.
• Normal record-checking procedures do not show an owner.

For lien-processing purposes, the MVD states that a person or company may assert an abandoned vehicle lien when a vehicle was left on the claimant’s property for an unreasonable time, generally at least 30 days, and the vehicle is in the claimant’s possession under the MVD’s bonds and liens guidance.

Related situations are handled through separate lien categories rather than the abandoned-vehicle category alone:

• Repair situations: a mechanic’s lien may apply if repair charges remain unpaid and the vehicle is not reclaimed.
• Storage situations: a storage lien may apply when storage charges remain unpaid.
• Rental property situations: a landlord’s lien may apply in limited circumstances involving rental dwellings, trailer courts, or campgrounds.
• Towing situations: a towing lien may apply when a lawfully towed vehicle is not reclaimed and lawful towing or storage charges remain unpaid.

New Mexico does not assign different statutory abandonment periods for public property and private property in the basic definition. However, vehicle removal from private property is separately regulated. Under 18.3.12 NMAC, a towing service performing a trespass tow from private property must obtain written authorization from the property owner or agent, and additional signage and photographic rules apply for commercial property and apartment complexes.

Law enforcement removal authority is also recognized. Under 18.3.12 NMAC, a warranted towing service may tow a vehicle at the direction of law enforcement, and in limited public-safety emergencies, may move a hazardous abandoned vehicle from a highway even before an officer arrives.

Process To Claim an Abandoned Vehicle in New Mexico

Understanding the Abandoned Vehicle Process

New Mexico generally uses a lien-and-sale process rather than an immediate title transfer by possession alone. For a vehicle left on private property or held by a repair shop, storage business, landlord, or towing service, the person in possession ordinarily must follow the MVD’s special title procedures, give formal notice, and conduct a public sale before a title may be issued.

Possession of the vehicle does not, by itself, transfer ownership. In most cases, the lawful path to a title includes

1. Identify the owner and lienholders
2. Send the required lien notice
3. Wait the required period
4. Advertise the sale
5. Conduct a public auction
6. Submit the title documents to the MVD.

A separate route exists for a licensed dismantler or auto recycler. Under Section 66-3-119 NMSA 1978, a licensed dismantler may take possession of an abandoned vehicle for dismantling or salvage purposes after completing the required clearance, record requests, notice, and waiting periods. That route is not the ordinary method for obtaining road-use title.

Report the Unclaimed Vehicle

The first required step depends on the setting in which the vehicle is being held.

For a business engaged in garaging, repairing, parking, or storing vehicles for the public, Section 66-3-203 NMSA 1978 requires a written notice to be given within 5 days to the New Mexico State Police in Santa Fe and to the county sheriff where the vehicle is stored when a vehicle remains unclaimed for 30 days.

For an abandoned vehicle lien, MVD also requires an NCIC certificate of clearance or an equivalent state police clearance showing that the vehicle is not listed as stolen.

For a towing service holding an unclaimed vehicle, 18.3.12 NMAC imposes a separate timing rule: ownership information must be requested within 3 business days after the vehicle comes into the towing service’s possession.

Verify Title Records And Owner Information

The possessor must identify the registered owner and any lienholders of record before the lien process can continue.

For New Mexico vehicles, MVD instructs the claimant to obtain an official printout showing the names and addresses of owners and lienholders from MVD or an approved MVD partner.

For out-of-state vehicles, the same information must be requested from the appropriate agency of the other state. The MVD lien instructions state that if the claimant cannot obtain the registered owner’s name and address, the lien process cannot be completed through the normal title route.

For licensed dismantlers using the salvage/disposal route, the record request must be made within 5 days of acquisition.

Send Required Notices

New Mexico requires notice to the registered owner, any lienholder, and any other interested party shown by the title search.

The MVD instructs the claimant to use MVD-10058, mail it by certified or registered mail, return receipt requested, and state the amount due while allowing 10 days to pay the debt. Copies of the notice, postal receipts, and return receipts must be preserved as part of the title packet under the MVD’s special title procedures.

For towing services, 18.3.12 NMAC is more specific:

• ownership information must be requested within 3 business days after possession,
• notice must be mailed within 2 business days after receiving the owner or lienholder information, and
• failure to meet those deadlines prevents the collection of storage charges or storage liens for that unclaimed motor vehicle.

If the vehicle is reclaimed after notice, the process ends upon payment of lawful charges. For dismantlers operating under Section 66-3-119 NMSA 1978, a valid claimant who receives notice must also pay legal towing and storage charges within the statutory period, or the claim is forfeited.

If certified mail is returned undelivered, the MVD treats the returned envelope and postal documentation as proof of mailing. Those materials should be retained with the file because the mailing date controls later timing calculations.

Allow the Statutory Waiting Period

New Mexico does not permit the immediate sale after mailing the notice.

The ordinary MVD lien process includes a 10-day debt-notice period after the MVD-10058 is mailed. The public sale must also comply with the MVD’s minimum auction timing rules:

• New Mexico-registered vehicles: the sale date may not be less than 44 days from the date shown on the certified mail receipt, or 34 days from handbill posting, or 34 days from the last newspaper publication.
• Out-of-state vehicles: the sale date may not be less than 70 days from the mailing date shown on the certified mail receipt.
• No-record responses: if the title verification comes back with no record, the sale must be advertised in a newspaper, and the sale date must be at least 60 days from the date of the 2nd publication.

For licensed dismantlers, the notice must give the owner or lienholder 30 days after delivery of the letter to make a claim.

Publish Auction Notice

New Mexico requires public advertisement before the sale.

Under the MVD’s special title procedures, advertisements may be made in either of these ways:

• Handbills: 6 handbills must be posted in 6 conspicuous public locations in the county where the auction will be held.
• Newspaper publication: the notice must run for 2 consecutive weeks in a newspaper of general circulation in the county where the auction will be held.

If the title verification returns no record, the MVD requires publication in a newspaper rather than handbills.

The notice must include:

• a full description of the vehicle,
• the reason the vehicle is being sold,
• the amount due, and
• the time, date, and location of the sale.

A sample handbill or proof of publication must be kept and later submitted with the title documents.

Conduct The Public Auction Or Other Authorized Sale

After the waiting and publication periods expire, the vehicle must be sold at public auction at the time and public place stated in the advertisement. The sale is conducted as a public sale, and the purchaser is the person who successfully bids at that sale.

If someone else purchases the vehicle, the purchaser applies for the title in their own name. If no one bids, or the bids are unacceptable, the lien claimant may apply for title in the claimant’s own name, but the vehicle may not be resold until title has first been issued to the claimant.

For dismantlers proceeding under Section 66-3-119 NMSA 1978, the end result is different. Once the statutory conditions are met, the abandoned vehicle becomes the property of the dismantler for dismantling or salvage purposes, not for ordinary road-use title through the lien-sale process.

Complete The Bill Of Sale And Title Documents

After the auction, the claimant must assemble the title packet. The principal documents ordinarily include the following:

The MVD’s resale affidavit is central to the transfer. MVD states that MVD-10059 summarizes the process and contains the odometer disclosure and assignment of bill of sale.

If the lien type is not an abandoned vehicle lien, additional documents may also be required, such as a repair order for a mechanic’s lien or proof of profession for a landlord’s lien.

Apply For Title

The successful purchaser, or the lien claimant when no acceptable bid is received, must submit the original documents to an MVD field office and apply for title using MVD-10002.

Important timing and payment rules include the following:

• The application should be made within 30 calendar days after the auction. Under the MVD fees guidance, a $20 late transfer penalty applies if title is not applied for within 30 days of transfer under the MVD’s fees, penalties, and excise tax guidance.
• A successful auction purchaser must generally pay the title fee, registration fee if registration is sought, and New Mexico motor vehicle excise tax.
• New Mexico’s motor vehicle excise tax is generally 4% of the price paid, less any trade-in credit.
• For non-dealer sales, New Mexico uses the higher of the declared purchase price or 80% of the NADA average trade-in or wholesale value when the declared price is too low, as explained on the state’s motor vehicle excise tax page.
• If the title is not applied for within 90 days in a taxable transfer, a motor vehicle excise tax penalty may apply.

When the lien claimant takes title because there were no acceptable bids, MVD states that no excise tax applies to that title issuance, but title and registration fees still apply.

Bonded Title Or Surety Bond Requirements

New Mexico has a general surety-bond title process for some title-defect situations, and the MVD provides MVD-10070 for that purpose. However, the MVD expressly states in its bonds and liens guidance that persons in the business of repair, towing, storage, or rental dwellings or persons with an abandoned vehicle left on their property cannot use the surety-bond process to circumvent the lien process.

As a result, an abandoned-vehicle claimant ordinarily must complete the lien-and-sale procedure rather than seek a bonded title as a substitute.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

MVD recognizes several special situations:

• If the vehicle is 8 years old or older and the claimant chooses to dispose of it to a licensed dismantler, the MVD states that an NCIC clearance is sufficient and the remainder of the lien-sale title process is not required under the special title procedures.
• If a purchaser obtains title to a vehicle that is not operable, MVD may issue a title without registration.
• If a vehicle will later be rebuilt for road use, ordinary MVD title, inspection, insurance, and registration requirements continue to apply. The official materials reviewed do not create a separate abandoned-vehicle shortcut for the rebuilt road-use title.

Maintain Records

New Mexico requires towing services, licensed purchasers, and dismantlers to maintain complete records for at least 3 years. The abandoned-vehicle file should contain all original documents used in the title application, including title-record printouts, certified mail receipts and return receipts, NCIC clearance, proof of publication or handbills, VIN inspection documentation, resale affidavit, title application, and invoices or charge calculations. Original documents are required—copies will not substitute for the original documents in the title transaction.

New Mexico Storage Fees And Financial Considerations

Storage Fees and Towing Charges

Under 18.3.12 NMAC, towing services may not collect storage charges or assert a storage lien for unclaimed vehicles if they fail to request owner information within 3 business days of taking possession or mail required notice within 2 business days of receiving owner or lienholder information. The rule also requires towing services to allow owners, agents, or lienholders to inspect the vehicle and remove personal property during normal business hours at no charge, unless the vehicle is being held for investigation.

New Mexico regulates nonconsensual towing through 18.3.12 NMAC, which covers tow authority, documentation, storage-yard access, owner notice, records, and consumer protections. Specific dollar amounts are not listed in the rule; instead, towing and storage charges must be supported by the operator's authorized tariff or other official authority applicable to that particular tow.

Disputes Over Charges

If the owner or lienholder disputes the charges or the legality of the tow, 18.3.12 NMAC requires the towing service to provide a written statement containing the name, address, and telephone number of the Consumer Relations Division of the department.

The official materials reviewed do not describe a separate abandoned-vehicle hearing process within MVD for lien-sale charges. Charge disputes are instead addressed through the towing rule, through ordinary payment and reclamation processes, or through court proceedings if litigation becomes necessary.

Sale Proceeds And Excess Funds

New Mexico’s official MVD lien instructions focus on satisfying the lawful indebtedness through the lien sale and on the documents required for title transfer. The materials reviewed do not identify a separate county-remittance procedure for surplus proceeds comparable to the process used in some other states.

Contact Information

New Mexico Motor Vehicle Division
1100 South St. Francis Drive, Santa Fe, NM 87504-1028
Phone: (888) 683-4636
Official Website: New Mexico Motor Vehicle Division