The State of New Mexico Motor Vehicle Division's MVD-10059 form, also known as the Affidavit of Resale, is a crucial document for lien claimants pursuing the sale of a vehicle under mechanic's or landowner's lien requirements. This comprehensive form enforces a structured process, ensuring that the registered vehicle owner's debt for services rendered, as detailed on the Notice of Lien (Form 10058), is recognized. It mandates that all interested parties, including lienholders, if applicable, are formally notified through registered mail about the owed sum, with a necessity to attach copies of the lien notices and mail return receipts. Additionally, it outlines specific instructions for publicly advertising the sale of the vehicle, which can be achieved either by posting in a widely circulated newspaper for two consecutive weeks or by displaying handbills in six public locations within the county where the auction is held. The form also records details of the public auction, including date, location, and the identity of the purchaser, alongside the sold vehicle's information. It strictly guides the lien claimant on refunding any excess bid amount over the total indebtedness to the registered owner. Furthermore, it emphasizes the legal obligations regarding the odometer mileage statement, underlining the severe penalties for fraudulent declarations. This affidavit, when properly completed alongside correct and orderly accompanying documents, effectively serves as an assignment document, thereby eliminating the need for a separate bill of sale. This streamlined approach not only assures legal compliance but also facilitates a transparent transaction between the lien claimant and the purchaser.
| Question | Answer |
|---|---|
| Form Name | Form Mvd 10059 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | new mexico mvd 10059, nm affidavit resale, new mexico affidavit resale, nm mvd 10059 |
State of New Mexico - Motor Vehicle Division
AFFIDAVIT OF RESALE
(Pursuant to Mechanic's or Landowner's Lien Requirements)
Lien Claimant affirms that the registered owner of the vehicle described below was justly indebted for services rendered as detailed in the Notice of Lien (Form 10058) and that all interested parties (including Lienholder if applicable) were notified by registered mail of the amount due. (Copies of notices of lien and registered mail return receipts must be attached.)
REGISTERED OWNER
NAME
ADDRESS
CITY, STATE, ZIP CODE
VEHICLE INFORMATION
YEAR
MAKE
MODEL
TYPE
STATE REGISTERED
ENGINE NO. (IF APPLICABLE) VEHICLE ID NUMBER
LICENSE PLATE NO.
THE VEHICLE WAS ADVERTISED FOR SALE AT PUBLIC AUCTION BY:
qAdvertising two (2) consecutive weeks in a newspaper of general circulation in the county where the auction was held. (Affidavit of publication and copy of advertisement attached.)
qPosting six (6) notices (handbills) in six (6) conspicuous public locations in the county where the auction was held. (Copy of notice / handbill attached.)
Noticeof#1Address: Noticeof#2Address: Noticeof#3Address: Noticeof#4Address: Noticeof#5Address: Noticeof#6Address:
PUBLIC AUCTION INFORMATION
Public auction was held by Lien Claimant on ____________________________________ , |
20 _______ at |
________ qqAMPM |
||
in the County of |
_____________________________________________________________________ and specifically at: |
|||
|
|
|
|
|
ADDRESS |
CITY |
STATE |
ZIP CODE |
|
qThe highest (or only) acceptable bid received was for the exact sum of $ ___________________________________
andthevehiclewassoldto: Purchaser'sName Address
City, State, Zip Code
CAUTION: Iftheexactsumofthebidexceededthetotalindebtedness,theLienClaimantmustrefundtheexcessamount totheRegisteredOwneragainstwhomthelienwasclaimed.
- continued on back -
PUBLIC AUCTION INFORMATION CONTINUED
qNopersonappearedtobidorsubmitanyacceptableoffertopurchasethevehicleand,afterwaitingfifteen(15)minutes afterthespecifiedhouroftheauction,theLienClaimantbidonthevehiclefortheamountofthelienintheexactsum of $ ______________________________ .
NOTE: PURCHASER OR LIEN CLAIMANT (WHEN APPLICABLE) MUST APPLY FOR TITLE IN HIS / HER NAME AND PAY THE REGISTRATION AND TITLE FEES. PURCHASER MUST ALSO PAY EXCISE TAX.
ODOMETER MILEAGE STATEMENT
FEDERAL AND STATE LAW REQUIRES THE TRANSFEROR (SELLER) OF A VEHICLE TO STATE THE ODOMETER MILEAGE UPON TRANSFER OF OWNERSHIP. ANYONE CONVICTED OF A FRAUDULENT ODOMETER STATEMENT WILL BE SUBJECT TO FINES AND / OR IMPRISONMENT.
NOTE: THE DIVISION IS NOT RESPONSIBLE FOR FALSE OR FRAUDULENT ODOMETER STATEMENTS MADE IN CONNECTION WITH TRANSFER OF OWNERSHIP OR HELD LIABLE FOR RECORDING ERRORS.
I (Lien Claimant) hereby certify that the ODOMETER READING of the vehicle described above is:_____________________________
(notenths)milesandthattothebestofmyknowledgestatedmileageis(checkoneofthefollowing):
THE ACTUAL MILEAGE (AM)*
*=Mileage Codes
MILEAGE IN EXCESS OF MECHANICAL LIMITS (EL)*
WARNING!
NOT THE ACTUAL MILEAGE ODOMETER DISCREPANCY (NM)*
CERTIFICATION
Iherebycertifythatallinformationgiveninthisaffidavitis trueandcorrecttothebestofmyknowledge.
LienClaimant:
Address:
City, State, Zip Code:
SignatureofLienClaimantorAuthorizedAgent |
Date |
PrintedName:
PURCHASER'S ACKNOWLEDGEMENT
SignatureofPurchaserorAuthorizedAgent |
Date |
PrintedName:
NOTE
IF PROPERLY COMPLETED AND ACCOMPANYING DOCUMENTS ARE CORRECT AND IN ORDER, THIS AFFIDAVIT OF RESALE WILL SERVE AS AN ASSIGNMENT DOCUMENT AND A SEPARATE BILL OF SALE WILL NOT BE REQUIRED.