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HF 927

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 03:51pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to motor vehicles; modifying provisions governing manufactured home
certificates of title; proposing coding for new law in Minnesota Statutes, chapter
168A; repealing Minnesota Statutes 2020, section 168A.141.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [168A.1412] MANUFACTURED HOME AFFIXED TO REAL
PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Manufactured home as real property. new text end

new text begin A manufactured home may be
made an improvement to real property, and no longer titled as personal property, pursuant
to this section. A manufactured home constitutes an improvement to real property when:
new text end

new text begin (1) the manufactured home is to be affixed or is affixed, as defined in section 273.125,
subdivision 8, paragraph (b), to the real property;
new text end

new text begin (2) the certificate of title is surrendered and canceled pursuant to subdivision 2, or the
manufacturer's certificate or statement of origin is canceled pursuant to subdivision 3; and
new text end

new text begin (3) an affidavit of affixation pursuant to subdivision 5 is recorded with the county recorder
or registrar of titles, as applicable.
new text end

new text begin Subd. 2. new text end

new text begin Surrender of certificate of title. new text end

new text begin (a) The owner of the manufactured home
may surrender the manufacturer's certificate of title to the commissioner for cancellation.
Upon receipt of the certificate of title, the commissioner must issue notice of cancellation
to the owner of the manufactured home. In the event the certificate of title is lost, stolen,
mutilated, destroyed, or becomes illegible, the owner may submit a written request for
cancellation of the title which includes the serial number of the manufactured home and
states that the certificate of title is lost, stolen, mutilated, destroyed, or has become illegible.
Upon receipt of the request and verification of ownership in Driver and Vehicle Services
Division records, the commissioner must issue notice of cancellation to the owner of the
manufactured home and must not require the owner to deliver the certificate of title or obtain
a duplicate certificate of title. After canceling a certificate of title, the commissioner must
not allow transfer of the title to the manufactured home as personal property. The
commissioner must not require the owner of the manufactured home to deliver the affidavit
of affixation described in subdivision 5 in order for the commissioner to issue notice of
cancellation.
new text end

new text begin (b) The commissioner must not cancel a certificate of title if, under this chapter, a security
interest has been perfected on the manufactured home. If a security interest has been
perfected, the commissioner must notify the owner of the manufactured home that each
secured party must release or satisfy the security interest prior to cancellation of the certificate
of title by the commissioner. Affixing the manufactured home to real property or the
recording of an affidavit of affixation without cancellation of the certificate of title does not
extinguish an otherwise valid security interest in or tax lien on the manufactured home.
new text end

new text begin Subd. 3. new text end

new text begin Surrender of manufacturer's certificate of origin. new text end

new text begin The owner of the
manufactured home may surrender the manufacturer's certificate of origin to the
commissioner for cancellation. Upon delivery of the original certificate of origin, the
commissioner must issue notice of cancellation to the owner of the manufactured home.
The commissioner must not issue a certificate of title for a manufactured home if the
manufacturer's certificate of origin is or has been canceled under this subdivision, except
as provided in section 168A.142. The commissioner must not require the owner of the
manufactured home to deliver the affidavit of affixation described in subdivision 5 in order
for the commissioner to cancel the certificate of origin.
new text end

new text begin Subd. 4. new text end

new text begin Verification. new text end

new text begin The commissioner is not liable for any errors, omissions,
misstatements, or other deficiencies or inaccuracies in documents presented to the
commissioner under this section if the documents presented appear to satisfy the requirements
of this section. The commissioner has no obligation to investigate the accuracy of statements
contained in the documents to verify that the manufactured home has been affixed to the
real property.
new text end

new text begin Subd. 5. new text end

new text begin Affidavit of affixation. new text end

new text begin An affidavit of affixation must be in substantially the
following form and must contain the following information and attachments described in
the form. The county recorder or registrar of titles, as applicable, must accept any such
affidavit. The county recorder or registrar of titles, as applicable, must provide a copy of
the recorded affidavit of affixation to the county auditor of the county for the real property
described therein or otherwise inform the county auditor that the home is to be taxed as an
improvement to the real property to which it is affixed.
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1412
new text end

new text begin ...............................................("Affiant"), being first duly sworn, on oath states, or affirms
under penalties of perjury, that:
new text end

new text begin 1. I am an owner of the manufactured home ("Manufactured Home") described as follows:
new text end

new text begin Manufacturer's name: .
new text end
new text begin Make: .
new text end
new text begin Model number: .
new text end
new text begin Model year: .
new text end
new text begin Serial number: .
new text end
new text begin Dimensions: .
new text end
new text begin Other descriptive information (if any): .
new text end

new text begin 2. The Manufactured Home is ..... or will be ..... (check one) affixed, in accordance with
Minnesota Statutes, section 273.125, subdivision 8, to real property in
...................................................................... County, Minnesota, with the street address of:
new text end

new text begin Street or route: .
new text end
new text begin City: .
new text end
new text begin State: .
new text end
new text begin Zip code: .
new text end
new text begin and legally described as follows ("Land"):
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin Check here if all or part of the described real property is Registered (Torrens) .....
new text end

new text begin 3. A copy of the notice of cancellation issued from the Minnesota Department of Public
Safety Driver and Vehicle Services pursuant to Minnesota Statutes, section 168A.1412,
subdivision 2 or 3, is attached.
new text end

new text begin 4. The owner(s) of the Manufactured Home is/are the owner(s) of the Land.
new text end

new text begin 5. The Affiant makes this affidavit to demonstrate that the Manufactured Home is an
improvement to real property, no longer titled as personal property, and free of any personal
property security interest.
new text end

new text begin Affiant
new text end
new text begin .
new text end
new text begin (Signature)
new text end

new text begin Signed and sworn to (or affirmed) before me this ....... day of ......., .......
new text end

new text begin Notary Stamp or Seal
new text end

new text begin .
new text end
new text begin Signature of notarial officer Title (and Rank):
new text end
new text begin My commission expires: ..............
new text end
new text begin This instrument was drafted by, and when
recorded return to
new text end
new text begin .
new text end

new text begin Subd. 6. new text end

new text begin Notice of security interest. new text end

new text begin When a perfected security interest exists, or will
exist, on the manufactured home at the time the manufactured home is affixed to real
property, and the owner has not satisfied the requirements of subdivision 1, the owner of
the manufactured home, or its secured party, may record a notice with the county recorder,
or with the registrar of titles, if the land is registered, stating that the manufactured home
located on the property is encumbered by a perfected security interest and is not an
improvement to real property. The notice must state the name and address of the secured
party as set forth on the certificate of title, the legal description of the real property, and the
name and address of the record fee owner of the real property on which the manufactured
home is affixed. When the security interest is released or satisfied, the secured party must
attach a copy of the release or satisfaction to a notice executed by the secured party containing
the county recorder or registrar of titles document number of the notice of security interest.
The notice of release or satisfaction must be recorded with the county recorder, or registrar
of titles, if the land is registered. Neither the notice described in this subdivision nor the
security interest on the certificate of title is deemed to be an encumbrance on the real
property. The notices provided for in this subdivision need not be acknowledged.
new text end

Sec. 2. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change all cross-references to Minnesota Statutes, section
168A.141, to instead reference Minnesota Statutes, section 168A.1412.
new text end

Sec. 3. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 168A.141, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0927-1

168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

Subdivision 1.

Certificates surrendered for cancellation.

(a) When a manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph (b), to real property, the owner of the manufactured home may surrender the manufacturer's certificate of origin or certificate of title to the department for cancellation so that the manufactured home becomes an improvement to real property and is no longer titled as personal property. The department must not issue a certificate of title for a manufactured home under chapter 168A if the manufacturer's certificate of origin is or has been surrendered under this subdivision, except as provided in section 168A.142. Upon surrender of the manufacturer's certificate of origin or the certificate of title, the department must issue notice of surrender to the owner, and upon recording an affidavit of affixation, which the county recorder or registrar of titles, as applicable, must accept, the manufactured home is deemed to be an improvement to real property. An affidavit of affixation by the owner of the manufactured home must include the following information:

(1) the name, residence address, and mailing address of owner or owners of the manufactured home;

(2) the legal description of the real property in which the manufactured home is, or will be, located;

(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title and the notice of surrender;

(4) a written statement from the county auditor or county treasurer of the county where the manufactured home is located stating that all property taxes payable in the current year, as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not applicable;

(5) the name and address of the person designated by the applicant to record the original affidavit of affixation with the county recorder or registrar of titles for the county where the real property is located; and

(6) the signature of the person who executes the affidavit, properly executed before a person authorized to authenticate an affidavit in this state.

(b) The person designated in paragraph (a), clause (5), must record, or arrange for the recording of, the affidavit of affixation, accompanied by the fees for recording and for issuing a certified copy of the notice, including all attachments, showing the recording date. Upon obtaining the certified copy of the notice under this paragraph, the person designated in the affidavit must deliver the certified copy to the county auditor of the county in which the real property to which the manufactured home was affixed is located.

(c) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents presented to the department under this section, if the documents presented appear to satisfy the requirements of this section. The department has no obligation to investigate the accuracy of statements contained in the documents.

Subd. 1a.

Affidavit form.

An affidavit of affixation must be in substantially the following form and must contain the following information.

MANUFACTURED HOME AFFIDAVIT OF AFFIXATION

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141

Homeowner, being duly sworn, on his or her oath, states as follows:

1. Homeowner owns the manufactured home ("home") described as follows:

.
New/Used Year Manufacturer's Name Model Name or Model No. Manufacturer's Serial No. Length/Width

2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is attached.

3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety Driver and Vehicle Services is attached.

4. The home is or will be located at the following "Property Address":

.
Street or Route . City . County . State . Zip Code .

5. The legal description of the property address ("land") is as follows or as attached hereto:

.
.
.

6. The homeowner is the owner of the land.

7. The home is, or must be promptly upon delivery, anchored to the land by attachment to a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, electricity, sewer).

8. The homeowner intends that the home be an immovable permanent improvement to the land, free of any personal property security interest.

9. A copy of the written statement from the county auditor or county treasurer of the county in which the manufactured home is then located, stating that all property taxes payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph (b)), have been paid, or are not applicable, is attached.

10. The home must be assessed and taxed as an improvement to the land.

11. The name and address of the person designated by the homeowner to record the original affidavit of surrender with the county recorder or registrar of titles of the county in which the real estate is located is:

Name .
Street Address .
City, State, Zip Code .
Phone .
E-mail .

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of ......., 20...

. .
Homeowner Signature Address
. .
Printed Name City, State
.
Homeowner Signature (if applicable)
.
Printed Name

This instrument was drafted by, and when recorded return to:

.
.
.

Subscribed and sworn to before me this ....... day of ......., .......

......................................................................
Signature of Notary Public or Other Official

Notary Stamp or Seal

(optional)

Lender's Statement of Intent:

The undersigned ("lender") intends that the home be immovable and a permanent improvement to the land free of any personal property security interest.

.
Lender
By: .
Authorized Signature
STATE OF . )
. ) ss:
COUNTY OF . )

On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and for said state, personally appeared

.

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.

.
Notary Signature
.
Notary Printed Name
Notary Public, State of .
Qualified in the County of .
My commission expires .

Official seal:

Subd. 2.

Perfected security interest prevents surrender.

The department may not cancel a certificate of title if, under this chapter, a security interest has been perfected on the manufactured home. If a security interest has been perfected, the department must notify the owner that each secured party must release or satisfy the security interest prior to proceeding with surrender of the manufacturer's certificate of origin or certificate of title to the department for cancellation. Permanent attachment to real property or the recording of an affidavit of affixation does not extinguish an otherwise valid security interest in or tax lien on the manufactured home, unless the requirements of section 168A.141, subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied.

Subd. 3.

Notice of security interest.

When a perfected security interest exists, or will exist, on the manufactured home at the time the manufactured home is affixed to real property, and the owner has not satisfied the requirements of section 168A.141, subdivision 1, the owner of the manufactured home, or its secured party, may record a notice with the county recorder, or with the registrar of titles, if the land is registered, stating that the manufactured home located on the property is encumbered by a perfected security interest and is not an improvement to real property. The notice must state the name and address of the secured party as set forth on the certificate of title, the legal description of the real property, and the name and address of the record fee owner of the real property on which the manufactured home is affixed. When the security interest is released or satisfied, the secured party must attach a copy of the release or satisfaction to a notice executed by the secured party containing the county recorder or registrar of titles document number of the notice of security interest. The notice of release or satisfaction must be recorded with the county recorder, or registrar of titles, if the land is registered. Neither the notice described in this subdivision nor the security interest on the certificate of title is deemed to be an encumbrance on the real property. The notices provided for in this subdivision need not be acknowledged.