Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 347

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.2 3.1 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7
6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.28 8.27 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11
10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13

A bill for an act
relating to motor vehicles; regulating transfers of manufactured homes when
ownership is at issue; proposing coding for new law in Minnesota Statutes, chapter
168A.

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

Section 1.

Minnesota Statutes 2016, section 168A.141, is amended to read:


168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

Subdivision 1.

Certificates surrendered for cancellation.

new text begin(a) new text endWhen a manufactured
home isnew text begin to be affixed or isnew text end affixed, as defined in section 273.125, subdivision 8, paragraph
(b), to real property, deleted text beginand financed by the giving of a mortgage on the real property,deleted text end the
owner of the manufactured home deleted text beginshalldeleted text endnew text begin maynew text end surrender the manufacturer's certificate of origin
or certificate of title to the department for cancellationdeleted text begin. The owner ofdeleted text endnew text begin so thatnew text end the manufactured
home deleted text beginshall give the department the address and legal description of thedeleted text endnew text begin becomes an
improvement to
new text end real propertydeleted text begin. The department may require the filing of other informationdeleted text endnew text begin
and is no longer titled as personal property
new text end. 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 shall issue notice of surrender to the owner, and new text beginupon recording an affidavit of
affixation, which the county recorder or registrar of titles, as applicable, shall accept,
new text endthe
manufactured home is deemed to be an improvement to real property. deleted text beginThe notice of surrender
may be recorded in the office of the county recorder or with the registrar of titles if the land
is registered but need not contain an acknowledgment.
deleted text endnew text begin An affidavit of affixation by the
owner of the manufactured home must include the following information:
new text end

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

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

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

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (6) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state;
new text end

new text begin (7) the person designated in clause (5), shall 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; and
new text end

new text begin (8) upon obtaining the certified copy of the notice under clause (7), the person designated
in the affidavit shall 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.
new text end

new text begin (b) 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.
new text end

new text begin Subd. 1a. new text end

new text begin Affidavit form. new text end

new text begin The affidavit referred to in subdivision 1 shall be in
substantially the following form and shall contain the following information.
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141
new text end

new text begin Homeowner, being duly sworn, on his or her oath, states as follows:
new text end

new text begin 1. Homeowner owns the manufactured home ("home") described as follows:
new text end

new text begin .
new text end
new text begin New/Used
new text end
new text begin Year
new text end
new text begin Manufacturer's
Name
new text end
new text begin Model Name or
Model No.
new text end
new text begin Manufacturer's
Serial No.
new text end
new text begin Length/Width
new text end

new text begin 2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is
attached hereto.
new text end

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

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

new text begin .
new text end
new text begin Street or Route .
new text end
new text begin City .
new text end
new text begin County .
new text end
new text begin State .
new text end
new text begin Zip Code .
new text end

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

new text begin .
new text end
new text begin .
new text end
new text begin .
new text end

new text begin 6. The homeowner is the owner of the land.
new text end

new text begin 7. The home is, or shall 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).
new text end

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

new text begin 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 hereto.
new text end

new text begin 10. The home shall be assessed and taxed as an improvement to the land.
new text end

new text begin 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:
new text end

new text begin Name .
new text end
new text begin Street Address .
new text end
new text begin City, State, Zip Code .
new text end
new text begin Phone .
new text end
new text begin E-mail .
new text end

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

new text begin .
new text end
new text begin .
new text end
new text begin Homeowner Signature
new text end
new text begin Address
new text end
new text begin .
new text end
new text begin .
new text end
new text begin Printed Name
new text end
new text begin City, State
new text end
new text begin .
new text end
new text begin Homeowner Signature (if applicable)
new text end
new text begin .
new text end
new text begin Printed Name
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 .
new text end
new text begin .
new text end

new text begin Subscribed and sworn to before me this ....... day of ......., .......
new text end

new text begin ......................................................................
new text end
new text begin Signature of Notary Public or Other Official
new text end

new text begin Notary Stamp or Seal
new text end

new text begin (optional)
new text end

new text begin Lender's Statement of Intent:
new text end

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

new text begin .
new text end
new text begin Lender
new text end
new text begin By: .
new text end
new text begin Authorized Signature
new text end
new text begin STATE OF . )
new text end
new text begin . ) ss:
new text end
new text begin COUNTY OF . )
new text end

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

new text begin .
new text end

new text begin 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.
new text end

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

new text begin Official seal:
new text end

Subd. 2.

Perfected security interest deleted text beginavoids cancellationdeleted text endnew text begin prevents surrendernew text end.

The
department may not cancel a certificate of title ifnew text begin, under this chapternew text end a security interest has
been perfected on the manufactured home. If a security interest has been perfected, the
department shall notify the owner deleted text beginanddeleted text endnew text begin thatnew text end each secured party deleted text beginthat thedeleted text endnew text begin must release or satisfy
the security interest prior to proceeding with surrender of the manufacturer's certificate of
origin or
new text end certificate of title deleted text beginand a description of the security interest have been surrendereddeleted text end
to the department deleted text beginand that the department will not cancel the certificate of title until the
security interest is satisfied
deleted text endnew text begin for cancellationnew text end. Permanent attachment to real propertynew text begin or the
recording of an affidavit of affixation
new text end does not extinguish an otherwise valid security interest
in or tax lien on the manufactured homenew text begin, unless the requirements of section 168A.141
subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied
new text end.

Subd. 3.

Notice of security interest deleted text beginavoids surrenderdeleted text end.

deleted text beginThe manufacturer's certificate
of origin or the certificate of title need not be surrendered to the department under subdivision
1
deleted text end When a perfected security interest existsnew text begin, or will exist,new text end on the manufactured home at the
time the manufactured home is affixed to real property, deleted text beginifdeleted text endnew text begin and the owner has not satisfied
the requirements of section 168A.141 subdivision 1,
new text end the owner of the manufactured home
deleted text begin filesdeleted text endnew text begin , or its secured party, may recordnew text end 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 interestnew text begin and is not an improvement to real propertynew text end.
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 shall 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 deleted text beginfileddeleted text endnew text begin recordednew text end 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.

Sec. 2.

Minnesota Statutes 2016, section 168A.142, is amended to read:


168A.142 MANUFACTURED HOME UNAFFIXED FROM REALTY.

Subdivision 1.

Certificate of title requirements.

The department shall issue an initial
certificate of title or reissue a previously surrendered certificate of title for a manufactured
home to an applicant if:

(1) fdeleted text beginor the purpose of affixing the manufactured home to real property,deleted text end the owner of the
manufactured home, or a previous owner, surrendered the manufacturer's certificate of
origin or certificate of title to the department as provided in section 168A.141, subdivision
1 deleted text beginor 2deleted text end;

(2) the applicant providesnew text begin thenew text end written deleted text beginproofdeleted text endnew text begin evidencenew text end specified in subdivision 2 deleted text beginthat the
applicant owns (i) the manufactured home and (ii) the real property to which the
manufactured home was affixed as provided under section 273.125, subdivision 8, paragraph
(b)
deleted text end;

deleted text begin (3) the applicant provides proof that no liens exist on the manufactured home, including
liens on the real property to which it is affixed; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end the owner of the manufactured home deleted text beginmeetsdeleted text endnew text begin fulfillsnew text end thenew text begin applicablenew text end application
requirements of section 168A.04deleted text begin,deleted text endnew text begin;new text end and

new text begin (4)new text end the application is accompanied by a written statement from the county auditor or
county treasurer of the county in which the manufactured home is then located and affixed,
stating that all property taxes payable in the current year, as provided under section 273.125,
subdivision 8
, paragraph (b), have been paid.

Subd. 2.

deleted text beginProofdeleted text endnew text begin Evidencenew text end of eligibility for reissuance.

(a) The deleted text beginproofdeleted text endnew text begin evidencenew text end required
under subdivision 1, deleted text beginclausesdeleted text endnew text begin clausenew text end (2) deleted text beginand (3)deleted text end, is as follows:

(1) an affidavit of severance recorded in the office of the county recorder or registrar of
titles,new text begin which they shall accept, andnew text end whichever applies to the real property, of the county deleted text beginin
which
deleted text endnew text begin wherenew text end thenew text begin affidavit of affixation ornew text end notice of surrender was recorded deleted text beginunderdeleted text endnew text begin as required
in
new text end section 168A.141, subdivision 1, and the affidavitnew text begin of severancenew text end contains:

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

(ii) a description of the manufactured homenew text begin being severednew text end, including the name of the
manufacturerdeleted text begin; the make, model number, model year,deleted text endnew text begin andnew text end dimensions, new text beginand if available, the
make, model year,
new text endand manufacturer's serial number of the manufactured homedeleted text begin;deleted text end and deleted text beginwhether
the manufactured home is new or used
deleted text endnew text begin, and such information as may be available from the
previously recorded affidavit of affixation or notice of surrender as required in section
168A.141, subdivision 1
new text end; and

(iii) a statement of any facts or information known to the person executing the affidavit
that could affect the validity of the title of the manufactured home deleted text beginordeleted text endnew text begin,new text end the deleted text beginexistence ordeleted text end
nonexistence of a security interest in the manufactured home deleted text beginor a lien on it, ordeleted text endnew text begin, andnew text end a
statement that no such facts or information are known to the person executing the affidavit;

(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted to
practice law in this state, stating:

(i) the nature of the examination of title performed prior to giving this opinion by the
person signing the opinion;

(ii) that the manufactured home and the real property on which it is located is not subject
tonew text begin, or pending completion of a refinance, purchase, or sale transaction, and will not be
subject to
new text end any recorded mortgages, security interests, liens, or other encumbrances of any
kind;

(iii) that the person signing the opinion knows of no facts or circumstances that could
affect the validity of the title of the manufactured home or the existence or nonexistence of
any recorded mortgages, security interests, or other encumbrances of any kind, other than
property taxes payable in the year the affidavit is signed;

(iv) the person or persons owning record title to the real property to which the
manufactured home has been affixed and the nature and extent of the title owned by each
of these persons; and

(v) that the person signing the opinion has reviewed all provisions of the affidavit of
severance and certifies that they are correct and complete to the best of the knowledge of
the person signing the opinion;

(3) the name and address of the person deleted text beginordeleted text endnew text begin,new text end persons designated by the applicant to file deleted text begina
certified copy of
deleted text end thenew text begin originalnew text end affidavit of severance with deleted text beginthe county auditor of the county
in which the real estate is located, after the affidavit has been properly recorded in the office
of
deleted text end the county recorder or county registrar of titles, whichever applies to the real property;
and

(4) 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 (3), shall record, or arrange for the
recording of, the affidavit of severance as referenced in that item, accompanied by the fees
for recording and for issuing a certified copy of the affidavit, including all attachments,
showing the recording date.

(c) Upon obtaining the certified copy under paragraph (b), the person designated in the
affidavit shall deliver the certified copy to the county auditor of the county in which the
real estate to which it was affixed is located.

(d) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section,
so long as 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.

new text begin Subd. 3. new text end

new text begin Affidavit form. new text end

new text begin The affidavit referred to in subdivision 2 shall be in substantially
the following form and shall contain the following information.
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF SEVERANCE
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.142
new text end

new text begin Homeowner, being duly sworn, on his or her oath, states as follows:
new text end

new text begin 1. Homeowner owns the manufactured home ("home") described as follows:
new text end

.
new text begin New/Used
new text end
new text begin Year
new text end
new text begin Manufacturer's
Name
new text end
new text begin Model Name or
Model No.
new text end
new text begin Manufacturer's
Serial No.
new text end
new text begin Length/Width
new text end

new text begin 2. A copy of the previously surrendered manufacturer's certificate of origin or certificate of
title is attached hereto (if available).
new text end

new text begin 3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached hereto (if available).
new text end

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

.
new text begin Street or Route .
new text end
new text begin City .
new text end
new text begin County .
new text end
new text begin State .
new text end
new text begin Zip Code .
new text end

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

new text begin .
new text end
new text begin .
new text end
new text begin .
new text end

new text begin 6. The homeowner does not know of any facts or information that could affect the validity
of title of the manufactured home, except:
new text end

new text begin .
new text end
new text begin .
new text end

new text begin 7. The homeowner does not know of any such security interest in the manufactured home
which has not been satisfied or released.
new text end

new text begin 8. A copy of an opinion by an attorney admitted to practice law in Minnesota is attached,
which provides for the required title evidence as set forth in Minnesota Statutes, section
168A.142 subdivision (2), clause (2), items (i) to (v).
new text end

new text begin 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 hereto.
new text end

new text begin 10. 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:
new text end

new text begin Name .
new text end
new text begin Street Address .
new text end
new text begin City, State, Zip Code .
new text end
new text begin Phone .
new text end
new text begin E-mail .
new text end

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

.
.
new text begin Homeowner Signature
new text end
new text begin Address
new text end
.
.
new text begin Printed Name
new text end
new text begin City, State
new text end
.
new text begin Homeowner Signature (if applicable)
new text end
.
new text begin Printed Name
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 .
new text end

new text begin Subscribed and sworn to before me this ....... day of ......., .......
new text end

new text begin ......................................................................
new text end
new text begin Signature of Notary Public or Other Official
new text end

new text begin Notary Stamp or Seal
new text end

Sec. 3.

new text begin [168A.143] MANUFACTURED HOMES; OWNERSHIP AT ISSUE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for certificate issuance or reissuance. new text end

new text begin When an applicant
is unable to obtain from or locate previous owners no longer holding an interest in the
manufactured home based on a certificate of title, or to locate, obtain, or produce the original
certificate of origin or certificate of title for a manufactured home, and there is no evidence
of a surrendered certificate of title or manufacturer's statement of origin as provided in
section 168A.141, subdivision 1, which has not otherwise been unaffixed or is being
unaffixed as provided in section 168A.142, the department must issue or reissue, a certificate
of title to a manufactured home when the applicant submits:
new text end

new text begin (1) the application, pursuant to the requirements of section 168A.04, in a form prescribed
by the department;
new text end

new text begin (2) an affidavit that:
new text end

new text begin (i) identifies the name of the manufacturer and dimensions, and if available, the make,
model number, model year, and manufacturer's serial number of the manufactured home;
and
new text end

new text begin (ii) certifies the applicant is the owner of the manufactured home, has physical possession
of the manufactured home, knows of no facts or circumstances that materially affect the
validity of the title of the manufactured home as represented in the application, and provides
copies of such ownership documents, so far as the documents exist, including by way of
example:
new text end

new text begin (A) bill of sale;
new text end

new text begin (B) financing, replevin, or foreclosure documents;
new text end

new text begin (C) appraisal;
new text end

new text begin (D) insurance certification;
new text end

new text begin (E) personal property tax bill;
new text end

new text begin (F) landlord certification;
new text end

new text begin (G) affidavit of survivorship or estate documents;
new text end

new text begin (H) divorce decree; or
new text end

new text begin (I) court order;
new text end

new text begin (3) an affidavit by an attorney admitted to practice law in this state stating:
new text end

new text begin (i) the attorney has performed a search of the Minnesota Department of Public Safety
Driver and Vehicles Services records within 120 days of the date of application to obtain a
certificate of origin or certificate of title on behalf of the applicant, but was unable to
determine the names or locations of one or more owners or prior owners of the manufactured
home;
new text end

new text begin (ii) if applicable, the attorney was unable to successfully contact one or more owners,
or prior owners, after providing written notice 45 days prior to the registered and last known
owner by certified mail at the address shown on Driver and Vehicles Services records, or
if the last known address if different from Driver and Vehicles Services records, then also
the last known address as known to the applicant;
new text end

new text begin (iii) if the attorney is unable to contact one or more owners, or previous owners, by
sending a letter by certified mail, then the attorney must present to the department, as an
attachment to its affidavit, the returned letter as evidence of the attempted contact, or the
acknowledgement of receipt of the letter, together with an affidavit of nonresponse; and
new text end

new text begin (iv) the attorney knows of no facts or circumstances that materially affect the validity
of the title of the manufactured home as represented in the application, other than property
taxes payable in the year the affidavit is signed; and
new text end

new text begin (4) payment for required current year taxes and fees as prescribed by the department.
new text end

new text begin Subd. 2. new text end

new text begin Satisfaction of manufactured home security lien; release. new text end

new text begin A security interest
perfected under this chapter may be canceled seven years from the perfection date for a
manufactured home, upon the request of the owner of the manufactured home, if the owner
has paid the lien in full or the lien has been abandoned and the owner is unable to locate
the lienholder to obtain a lien release. The owner must send a letter to the lienholder by
certified mail, return receipt requested, stating the reason for the release and requesting a
lien release. If the owner is unable to obtain a lien release by sending a letter by certified
mail, then the owner must present to the department the returned letter as evidence of the
attempted contact, or the acknowledgement of receipt of the letter, together with a copy of
the letter and an owner affidavit of nonresponse.
new text end

new text begin Subd. 3. new text end

new text begin Suspension or revocation of certificate. new text end

new text begin (a) Pursuant to section 168A.23, the
department may revoke a previously issued certificate of title issued under this section.
new text end

new text begin (b) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents submitted to the department under this section,
provided the documents submitted appear to satisfy the requirements of this section. The
department is not required to investigate the accuracy of statements contained in submitted
documents.
new text end