2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 10 - UNIFORM VEHICLE CERTIFICATE OF TITLE ACT
Article 46 - (2101 - 2135) UNIFORM VEHICLE CERTIFICATE OF TITLE ACT
2105 - Application for first certificate of title.

 
    § 2105. Application   for   first   certificate   of  title.  (a)  The
  application for the first certificate of title  of  a  vehicle  in  this
  state  shall  be  made  by  the owner to the commissioner on the form he
  prescribes and shall contain or be accompanied by:
    (1) The name, residence and mail address and social security number of
  the owner;
    (2) A description of the vehicle including, so far  as  the  following
  data exists: its make, year model, identifying number, type of body if a
  motor vehicle or hull material if a vessel, and whether new or used, and
  any other information required by the commissioner;
    (3)  The  date  of  purchase by applicant, the name and address of the
  person from whom the vehicle was acquired and the names and addresses of
  any lienholders in the order of their apparent priority;
    (4) A statement signed by the applicant, stating either, (i) any facts
  or information known to him that could reasonably affect the validity of
  the title of the vehicle or the existence or non-existence  of  security
  interests  in it; or (ii) that no such facts or information are known to
  him; and
    (5) Any other information and documents  the  commissioner  reasonably
  requires  to identify the vehicle and to enable him to determine whether
  the owner is entitled to a certificate of title  and  the  existence  or
  non-existence of security interests in the vehicle.
    (b) If the application refers to a vehicle purchased from a dealer, it
  shall  contain the name and address of any lienholder holding a security
  interest created or reserved at the time of the sale and  be  signed  by
  the  dealer  as well as the owner, and the dealer shall promptly mail or
  deliver the application to the commissioner.
    (c) If the application refers to a vehicle last previously  registered
  or  licensed  in another state or country, the application shall contain
  or be accompanied by:
    (1) Any certificate of title issued by the other state or country;
    (2) Any other information and documents  the  commissioner  reasonably
  requires  to establish the ownership of the vehicle and the existence or
  non-existence of security interests in it.
    (d) If the commissioner is not satisfied as to the  ownership  of  the
  vehicle  or  that there are no undisclosed security interests in it, the
  commissioner may register the vehicle but  shall  either:  (1)  withhold
  issuance  of  a  certificate  of  title  until  the  applicant  presents
  documents reasonably sufficient to satisfy the commissioner  as  to  the
  applicant's  ownership  of the vehicle and that there are no undisclosed
  security interests in it; or (2) as a condition of issuing a certificate
  of title, require the applicant to file with  the  commissioner  a  bond
  prescribed  by  the commissioner and executed by the applicant, and by a
  person authorized to conduct a surety business in this state.  The  bond
  shall  be  in an amount equal to one and one-half times the value of the
  vehicle as determined by the commissioner and conditioned  to  indemnify
  any  prior  owner  and  lienholder  and  any subsequent purchaser of the
  vehicle or person acquiring any  security  interest  in  it,  and  their
  respective  successors  in interest, against any expense, loss or damage
  by reason of the issuance of the certificate of title of the vehicle  or
  on  account  of  any defect in or undisclosed security interest upon the
  right, title and interest of the applicant in and to  the  vehicle.  Any
  such  interested person has a right of action to recover on the bond for
  any breach of its conditions, but the aggregate liability of the  surety
  to  all  persons shall not exceed the amount of the bond. The bond shall
  be returned at the end of three years or prior thereto if the  currently
  valid  certificate  of  title is surrendered to the commissioner, but it
  shall  not  be  returned  prior  to  the  end  of  three  years  if  the

  commissioner  has  been notified of the pendency of an action to recover
  on the  bond  or  if  the  currently  valid  certificate  of  title  was
  surrendered  to  another  state  as  proof  of  ownership  to  obtain  a
  certificate  of  title  from  that state. Nothing contained herein shall
  require the commissioner of motor vehicles to  issue  a  certificate  of
  title upon the presentation of a bond.