This text of New York § 2105 (Application for first certificate of title) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 2105. Application for first certificate of title.
(a)The\napplication for the first certificate of title of a vehicle in this\nstate shall be made by the owner to the commissioner on the form he\nprescribes and shall contain or be accompanied by:\n (1) The name, residence and mail address and social security number of\nthe owner;\n (2) A description of the vehicle including, so far as the following\ndata exists: its make, year model, identifying number, type of body if a\nmotor vehicle or hull material if a vessel, and whether new or used, and\nany other information required by the commissioner;\n (3) The date of purchase by applicant, the name and address of the\nperson from whom the vehicle was acquired and the names and addresses of\nany lienholders in the order of their apparen
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§ 2105. Application for first certificate of title. (a) The\napplication for the first certificate of title of a vehicle in this\nstate shall be made by the owner to the commissioner on the form he\nprescribes and shall contain or be accompanied by:\n (1) The name, residence and mail address and social security number of\nthe owner;\n (2) A description of the vehicle including, so far as the following\ndata exists: its make, year model, identifying number, type of body if a\nmotor vehicle or hull material if a vessel, and whether new or used, and\nany other information required by the commissioner;\n (3) The date of purchase by applicant, the name and address of the\nperson from whom the vehicle was acquired and the names and addresses of\nany lienholders in the order of their apparent priority;\n (4) A statement signed by the applicant, stating either, (i) any facts\nor information known to him that could reasonably affect the validity of\nthe title of the vehicle or the existence or non-existence of security\ninterests in it; or (ii) that no such facts or information are known to\nhim; and\n (5) Any other information and documents the commissioner reasonably\nrequires to identify the vehicle and to enable him to determine whether\nthe owner is entitled to a certificate of title and the existence or\nnon-existence of security interests in the vehicle.\n (b) If the application refers to a vehicle purchased from a dealer, it\nshall contain the name and address of any lienholder holding a security\ninterest created or reserved at the time of the sale and be signed by\nthe dealer as well as the owner, and the dealer shall promptly mail or\ndeliver the application to the commissioner.\n (c) If the application refers to a vehicle last previously registered\nor licensed in another state or country, the application shall contain\nor be accompanied by:\n (1) Any certificate of title issued by the other state or country;\n (2) Any other information and documents the commissioner reasonably\nrequires to establish the ownership of the vehicle and the existence or\nnon-existence of security interests in it.\n (d) If the commissioner is not satisfied as to the ownership of the\nvehicle or that there are no undisclosed security interests in it, the\ncommissioner may register the vehicle but shall either: (1) withhold\nissuance of a certificate of title until the applicant presents\ndocuments reasonably sufficient to satisfy the commissioner as to the\napplicant's ownership of the vehicle and that there are no undisclosed\nsecurity interests in it; or (2) as a condition of issuing a certificate\nof title, require the applicant to file with the commissioner a bond\nprescribed by the commissioner and executed by the applicant, and by a\nperson authorized to conduct a surety business in this state. The bond\nshall be in an amount equal to one and one-half times the value of the\nvehicle as determined by the commissioner and conditioned to indemnify\nany prior owner and lienholder and any subsequent purchaser of the\nvehicle or person acquiring any security interest in it, and their\nrespective successors in interest, against any expense, loss or damage\nby reason of the issuance of the certificate of title of the vehicle or\non account of any defect in or undisclosed security interest upon the\nright, title and interest of the applicant in and to the vehicle. Any\nsuch interested person has a right of action to recover on the bond for\nany breach of its conditions, but the aggregate liability of the surety\nto all persons shall not exceed the amount of the bond. The bond shall\nbe returned at the end of three years or prior thereto if the currently\nvalid certificate of title is surrendered to the commissioner, but it\nshall not be returned prior to the end of three years if the\ncommissioner has been notified of the pendency of an action to recover\non the bond or if the currently valid certificate of title was\nsurrendered to another state as proof of ownership to obtain a\ncertificate of title from that state. Nothing contained herein shall\nrequire the commissioner of motor vehicles to issue a certificate of\ntitle upon the presentation of a bond.\n