Stolen Vehicles
RECOVERY AND RETURN OF STOLEN OR EMBEZZLED VEHICLES AND AIRCRAFTS
Listed below are the documents needed by the United States Consulate General in Hermosillo, Mexico, to support a request to the Mexican Government under the 1936 Convention for the return of motor vehicles stolen, converted or embezzled in the United States and subsequently brought to Mexico.
1. As proof of ownership:
a) Title document or a certified copy.
b) Bill of Sale or a certified copy.
c) State Department of Motor Vehicles Registration or a certified
copy.
2. A certified copy of the Police Department report of theft and a notarized translation into Spanish.
3. If Title to the vehicle has been transferred since the time of theft, Bill of Sale or other document showing transfer of the vehicle from the owner to an insurance company (necessary only if such a transfer of title has taken place).
4. Power of Attorney, from the present owner indicating the name and address of the person responsible for the recovery of the vehicle and its return to the United States (not necessary if the owner of the vehicle will personally come to Mexico to claim it and return it to the United States) and a Power of Attorney to the Consulate General.
CERTIFICATIONS AND TRANSLATIONS:
The Power of Attorney must be made before a Notary Public or other official empowered to administer oaths. The title, registration certificate, and police report of theft must be originals or certified copies bearing the seal of the issuing office and the signature of the responsible public official. Simple photocopies of these documents, even bearing a
"true copy" notarization, will not suffice. The Bill of Sale must be the original or a copy certified as a true copy by the Department of Motor Vehicles. The translator's affidavit must be executed before a Notary Public.
COPIES:
You must submit the original (or certified copy) and two photocopies of each document and the original and two photocopies of each sworn translation. The photocopies do not have to be certified.
CONVERSION:
In general, any act (except failure to make payment) which violates a provision of a rental or sales contract probably results in a conversion of the property. If the act is part of a transfer of the vehicle to Mexico, the vehicle is probably recoverable under the 1981 Convention. Two examples of common acts which result in conversion are: renting the vehicle and failing to return it by the date agreed; and renting a vehicle for a specific trip within the U.S. and subsequently taking it to Mexico.
In event of conversion rather than theft it is necessary to establish a basis for a claim under the 1981 Convention. Documents establishing ownership (e.g. sales contract, security agreement) and the terms establishing the use of the vehicle, (e.g. rental agreement) must be presented. In addition, Mexican Government agencies require a police report of conversion (the police report is often overlooked by the owner in conversion cases).
If you have any questions about what is required, please do not hesitate to write or to call:
American Consulate in Hermosillo
Ave. Monterrey 141
Col. Esqueda
Hermosillo, Sonora, México
Phone: +52-662-289-3500 ext. 3595/3522/3416/3556/3584
hermoACS@state.gov
Although obtaining all these documents in the proper form may prove time consuming, it will avoid possibly longer delays that could result from the Consulate's presenting incomplete or inaccurate documentation to the Mexican Government.
The Consulate does not know whether a car is part of a legal procedure within the Mexican Court System. Should the vehicle be considered as evidence in a legal proceeding, it may not be released until the judge issues a final decision.
They do not speak English at the Mexican government offices.
CONVENTION WITH MEXICO FOR THE RECOVERY AND RETURN OF STOLEN OR EMBEZZLED VEHICLES AND AIRCRAFT