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S.F. No. 1416 - Unaffixed Manufactured Home from Real Property (First Engrossment)
 
Author: Senator Michelle L. Fischbach
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: March 6, 2012



 

S.F. No. 1416 provides a process for legally unaffixing a manufactured home from real property. 

Section 1 [Manufactured home]  provides a definition for “manufactured home.” 

Section 2 [Title certificate for manufactured home] requires a manufactured home to have a certificate of title, like a motor vehicle, unless the manufactured home is affixed to real property. 

Section 3 [Contents] and Section 4 [Filing of application; issuance of certificate] add manufactured homes to existing law requiring a certificate of title for motor vehicles.

Section 5 [Manufactured home; statement of property tax payment] eliminates a reference to the definition of manufactured home.   

Section 6 [Manufactured home; exemptions] adds an exemption relating to personal property tax statements for manufactured homes that have been legally unaffixed from realty. 

Section 7 [Certificates surrendered for cancellation] cross-references Section 8 as providing an exception from the general rule that the department cannot issue a certificate of title for a manufactured home if the manufacturer's certificate of origin has been surrendered.

Section 8 [Manufactured home unaffixed from realty] creates a process for unaffixing a manufactured home from real property.  Provides the requirements for issuance or reissuance of certificate of title, including proof that the manufactured home is not affixed to realty, proof of ownership, proof that no liens exist, proof that property taxes have been paid, and requiring other application information.  In addition to a recorded affidavit of severance, requires submission of an opinion by a licensed attorney or agent of a title insurance company.  Protects the registrar of motor vehicles from liability for any errors contained in the documents submitted under this process. 

[Effective date] all sections of the bill are effective August 1, 2012.

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