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SF 1416

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:08am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real estate; providing process for unaffixing manufactured home
from real property; amending Minnesota Statutes 2010, sections 168A.01, by
adding a subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05,
subdivisions 1, 1a, 1b; 168A.141, subdivision 1; 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 2010, section 168A.01, is amended by adding a
subdivision to read:


new text begin Subd. 9a. new text end

new text begin Manufactured home. new text end

new text begin "Manufactured home" has the meaning given
in section 327.31, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 168A.02, subdivision 3, is amended to read:


Subd. 3.

Title certificate for manufactured home.

new text beginExcept as provided in
section 168A.141,
new text enda certificate of title is required for a manufactured homedeleted text begin, as defined
in section 327.31, subdivision 6
deleted text end. In every certificate of title issued for a manufactured
home, the department shall insert the following notice: THIS TITLE DESCRIBES A
MANUFACTURED HOMEnew text begin -new text end NOT A MOTOR VEHICLE.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2010, section 168A.04, subdivision 1, is amended to read:


Subdivision 1.

Contents.

The application for the first certificate of title of a
vehiclenew text begin or manufactured homenew text end in this statenew text begin, or for reissuance of a certificate of title
for a manufactured home under section 168A.142,
new text end shall be made by the owner to the
department on the form prescribed by the department and shall contain:

(1) the first, middle, and last names, the dates of birth, and addresses of all owners
who are natural persons, the full names and addresses of all other owners;

(2) a description of the vehiclenew text begin or manufactured homenew text end including, so far as the
following data exists, its make, model, year, identifying number, type of body, and
whether new or used;

(3) the date of purchase by applicant, the name and address of the person from whom
the vehiclenew text begin or manufactured homenew text end was acquired, the names and addresses of any secured
parties in the order of their priority, and the dates of their respective security agreements;

(4) with respect to motor vehicles subject to the provisions of section 325E.15, the
true cumulative mileage registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different from the true mileage;

(5) with respect to vehicles subject to section 325F.6641, whether the vehicle
sustained damage by collision or other occurrence which exceeded 70 percent of the
actual cash value; and

(6) any further information the department reasonably requires to identify the
vehiclenew text begin or manufactured homenew text end and to enable it to determine whether the owner is entitled
to a certificate of title, and the existence or nonexistence and priority of any security
interest in the vehiclenew text begin or manufactured homenew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2010, section 168A.05, subdivision 1, is amended to read:


Subdivision 1.

Filing of application; issuance of certificate.

The department shall
file each application received, and when satisfied as to its genuineness and regularity and
that the applicant is entitled to the issuance of a certificate of title shall issue a certificate
of title deleted text beginofdeleted text endnew text begin fornew text end the vehiclenew text begin or manufactured homenew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168A.05, subdivision 1a, is amended to read:


Subd. 1a.

Manufactured home; statement of property tax payment.

In the case
of a manufactured home deleted text beginas defined in section 327.31, subdivision 6deleted text end, the department shall
not issue a certificate of title unless the application under section 168A.04 is accompanied
with a statement from the county auditor or county treasurer where the manufactured
home is presently located, stating that all manufactured home personal property taxes
levied on the unit in the name of the current owner at the time of transfer have been
paid. For this purpose, manufactured home personal property taxes are treated as levied
on January 1 of the payable year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2010, section 168A.05, subdivision 1b, is amended to read:


Subd. 1b.

Manufactured home; deleted text beginexemptiondeleted text endnew text begin exemptionsnew text end.

The provisions of
subdivision 1a deleted text beginshalldeleted text endnew text begin donew text end not apply tonew text begin:new text end

(1) a manufactured home which is sold or otherwise disposed of pursuant to section
504B.271 by the owner of a manufactured home parknew text begin,new text end as defined in section 327.14,
subdivision 3
deleted text begin, ordeleted text endnew text begin;new text end

(2) a manufactured home which is sold pursuant to section 504B.265 by the owner
of a manufactured home parknew text begin; or
new text end

new text begin (3) a manufactured home for which a certificate of title is reissued under section
168A.142
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2010, section 168A.141, subdivision 1, is amended to read:


Subdivision 1.

Certificates surrendered for cancellation.

When a manufactured
home is affixed, as defined in section 273.125, subdivision 8, paragraph (b), to real
property, and financed by the giving of a mortgage on the real property, the owner of the
manufactured home shall surrender the manufacturer's certificate of origin or certificate of
title to the department for cancellation. The owner of the manufactured home shall give
the department the address and legal description of the real property. The department may
require the filing of other information. The department must not issue a certificate of title
for a manufactured home under chapter 168A if the manufacturer's certificate of origin
isnew text begin or has beennew text end surrendered under this subdivisionnew text begin, except as provided in section 168A.142new text end.
Upon surrender of the manufacturer's certificate of origin or the certificate of title, the
department shall issue notice of surrender to the ownernew text begin,new text end and the manufactured home is
deemed to be an improvement to real property. The notice deleted text begintodeleted text endnew text begin ofnew text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [168A.142] MANUFACTURED HOME UNAFFIXED FROM REALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Certificate of title requirements. new text end

new text begin 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:
new text end

new text begin (1) for the purpose of affixing the manufactured home to real property, 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 or 2;
new text end

new text begin (2) the applicant provides written proof specified in subdivision 2 that 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);
new text end

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

new text begin (4) the owner of the manufactured home meets the application requirements of
section 168A.04, and 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.
new text end

new text begin Subd. 2. new text end

new text begin Proof of eligibility for reissuance. new text end

new text begin (a) The proof required under
subdivision 1, clauses (2) and (3), is as follows:
new text end

new text begin (1) an affidavit of severance recorded in the office of the county recorder or registrar
of titles, whichever applies to the real property, of the county in which the notice of
surrender was recorded under section 168A.141, subdivision 1, and the affidavit contains:
new text end

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

new text begin (ii) a description of the manufactured home, including the name of the manufacturer;
the make, model number, model year, dimensions, and manufacturer's serial number of the
manufactured home; and whether the manufactured home is new or used;
new text end

new text begin (iii) recording information regarding the affidavit of affixation, including the date of
recording and either the recording document number or book and page reference; and
new text end

new text begin (iv) 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 or the existence
or nonexistence of a security interest in the manufactured home or a lien on it, or a
statement that no such facts or information are known to the person executing the affidavit;
new text end

new text begin (2) as an attachment to the affidavit of severance, an opinion by an attorney admitted
to practice law in this state, or by a licensed agent of a title insurance company licensed to
do title insurance business in this state, stating:
new text end

new text begin (i) the nature of the examination of title performed prior to giving this opinion by
the person signing the affidavit;
new text end

new text begin (ii) that the manufactured home and the real property on which it is located is not
subject to any recorded mortgages, security interests, liens, or other encumbrances of
any kind;
new text end

new text begin (iii) that the person signing the affidavit 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; and
new text end

new text begin (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;
new text end

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

new text begin (4) 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 (b) As an alternative to paragraph (a), clause (2), the affidavit of severance may
instead include as an attachment a bond issued by an entity licensed to issue bonds in
this state, guaranteeing the facts that would otherwise be guaranteed in paragraph (a),
clause (2), for the benefit of any person who incurs loss as a result of the nonexistence
or inaccuracy of those facts or that opinion. The bond must not contain a dollar limit of
liability, and the form of the bond must be approved by the department.
new text end

new text begin (c) 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.
new text end

new text begin (d) Upon obtaining the certified copy under paragraph (c), 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.
new text end

new text begin (e) The department may prepare a form or forms for use under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end