Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 47-5113

December 17, 1947

BY: C. C. McCULLOH, Attorney General

TO: Mike Gallegos, Commissioner Motor Vehicle Department Bureau of Revenue Santa Fe, New Mexico

{*117} This will acknowledge receipt of your letter of December 10, 1947, in which you request an opinion on several questions concerning fees to be charged.

I will not repeat the facts since they will be incorporated in the answers.

1. There is no charge for filing a release of a lien or encumbrance alone.

2. If at the same time that the release is filed, a request is made for a new certificate of title, or if a new certificate of title must by law be issued, then a charge for this transaction is 50 cents. The 50 cents is for issuing the new certificate of title.

3. If a release of lien is filed, and a new certificate of title issued, and another lien or encumbrance filed, the charge is $ 1.00.

In other words, under Section 68-120 the department must charge 50 cents for filing of any lien or encumbrance. Under Section 68-121 a {*118} charge of 50 cents is made only when the release is filed and a new certificate of title issued. Trusting the above sufficiently answers your inquiry, I am

By WILLIAM R. FEDERICI,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.