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§ 66-3-201 NMSA 1978

Filing security interests

Known as the Off-Highway Motor Vehicle Act

The act spans §§ 66–66 (277 sections).

Applied in 2 court decisions — leading case Sanders v. Crespin (In re Crespin) (2016)

Most recently applied in Sanders v. Crespin (In re Crespin) (June 2016)

1953 Comp., § 64-3-201, enacted by Laws 1978, ch. 35, § 73; 1995, ch. 135, § 13.

A. A security interest in a vehicle of a type required to be titled and registered in New Mexico is not valid against attaching creditors, subsequent transferees or lienholders unless perfected as provided by this section. This provision does not apply to liens dependent upon possession nor to property tax liens on manufactured homes perfected under Section 66-3-204 NMSA 1978.

B. Title applications may be submitted electronically to the department but all title applications shall be accompanied by the certificate of title last issued for the vehicle and shall contain the name and address of any lienholder, the date the security agreement was executed and the maturity date of the agreement.

C. Upon receipt of a title application, the department shall record the date it was received. When satisfied as to the genuineness of the application, the department shall file it and issue a new certificate of title showing the owner's name and all liens existing against the vehicle.

D. No security interest filed in any state which does not show all liens on the certificate of title shall be valid against any person in this state other than the parties to the security agreement or those persons who take with actual notice of the agreement.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.