N.Y. Vehicle & Traffic Law § 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.