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Minnesota Legislature

Office of the Revisor of Statutes

SF 2090

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 04:27pm

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

Current Version - as introduced

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A bill for an act
relating to motor vehicles; modifying provisions governing manufactured home
certificates of title; amending Minnesota Statutes 2018, section 168A.141,
subdivisions 1, 1a.

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

Section 1.

Minnesota Statutes 2018, section 168A.141, subdivision 1, is amended to read:


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 deleted text beginby the owner of the
manufactured home
deleted text endnew text begin must be in substantially the form set out in subdivision 1a andnew text end must
deleted text begin include the followingdeleted text endnew text begin contain thenew text end informationdeleted text begin:deleted text endnew text begin in said form.
new text end

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

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

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

deleted 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;
deleted text end

deleted 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; and
deleted text end

deleted 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.
deleted text end

(b) The person deleted text begindesignated in paragraph (a), clause (5), must record, or arrange for thedeleted text end
recording deleted text beginof,deleted text end the affidavit of affixationdeleted text begin, 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
deleted text end must new text beginobtain and new text enddeliver deleted text beginthedeleted text endnew text begin anew text end certified copy new text beginof the affidavit of affixation new text endto
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.

Sec. 2.

Minnesota Statutes 2018, section 168A.141, subdivision 1a, is amended to read:


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

deleted text begin Homeownerdeleted text endnew text begin .............. ("Affiant")new text end, beingnew text begin firstnew text end duly sworndeleted text begin,deleted text end on deleted text beginhis or herdeleted text end oathdeleted text begin,deleted text end states deleted text beginas followsdeleted text endnew text begin
or affirms under penalties of perjury that
new text end:

1. deleted text beginHomeowner ownsdeleted text endnew text begin I am the owner ofnew text end the manufactured home (deleted text begin"home"deleted text endnew text begin "Manufactured
Home"
new text end) described as follows:

deleted text begin New/Used
deleted text end
deleted text begin Year
deleted text end
deleted text begin Manufacturer's
Name
deleted text end
deleted text begin Model Name or
Model No.
deleted text end
deleted text begin Manufacturer's
Serial No.
deleted text end
deleted text begin Length/Width
deleted text end
new text begin Manufacturer's name: new text end new text begin .
new text end
new text begin Make: new text end new text begin .
new text end
new text begin Model number: new text end new text begin .
new text end
new text begin Model year: new text end new text begin .
new text end
new text begin Serial number: new text end new text begin .
new text end
new text begin Dimensions: new text end new text begin .
new text end

new text begin 2. The Manufactured Home is affixed in accordance with Minnesota Statutes, section
273.125, subdivision 8, to real property in ....... County, Minnesota, 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. The Manufactured Home is located at the following 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

deleted text begin 2.deleted text endnew text begin 4.new text end A copy of thenew text begin previouslynew text end surrendered manufacturer's certificate of origin or certificate
of title is attached.

deleted text begin 3.deleted text endnew text begin 5.new text end A copy of the notice of surrender issued from the Minnesota Department of Public
Safety Driver and Vehicle Services is attached.

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

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

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

6. The deleted text beginhomeowner is the owner of the land.deleted text endnew text begin owner(s) of the Manufactured Home is/are the
owner(s) of the Land.
new text end

deleted text begin 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).
deleted text end

deleted text begin 8.deleted text endnew text begin 7.new text end The deleted text beginhomeownerdeleted text endnew text begin Affiantnew text end intends that thenew text begin Manufacturednew text end Home be an immovable
permanent improvement to the Land, free of any personal property security interest.

deleted text begin 9.deleted text endnew text begin 8.new text end 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.

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

deleted 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:
deleted text end

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

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

.
deleted text begin .
deleted text end
deleted text begin Homeownerdeleted text endnew text begin Affiantnew text end Signature
deleted text begin Address
deleted text end
deleted text begin .
deleted text end
deleted text begin .
deleted text end
deleted text begin Printed Name
deleted text end
deleted text begin City, State
deleted text end
deleted text begin .
deleted text end
deleted text begin Homeowner Signature (if applicable)
deleted text end
deleted text begin .
deleted text end
deleted text begin Printed Name
deleted text end

deleted text begin This instrument was drafted by, and when recorded return to:
deleted text end

deleted text begin Subscribeddeleted text endnew text begin Signednew text end and sworn tonew text begin (or affirmed)new text end before medeleted text begin this ....... day of ......., .......deleted text endnew text begin on
new text end

new text begin ......................................................................
new text end
new text begin by new text end new text begin .
new text end
Signature of deleted text beginNotary Public or Other Officialdeleted text endnew text begin
notarial officer
new text end
new text begin Title (and Rank): new text end new text begin .
new text end
new text begin My commission expires: new text end new text begin .
new text end

Notary Stamp or Seal

deleted text begin (optional) deleted 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

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

deleted 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.
deleted text end

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

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

deleted 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.
deleted text end

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

deleted text begin Official seal:
deleted text end