HF 678

as introduced - 87th Legislature (2011 - 2012) Posted on 02/24/2011 10:21am

A bill for an act
relating to manufactured homes; establishing remedies and a lien for park owners
when a home is abandoned; amending Minnesota Statutes 2010, section 327C.11,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 327C.11, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Abandoned home; claim and lien of park owner. new text end

new text begin (a) This subdivision
applies if a resident abandons a manufactured home on the lot. The owner has a claim
against the resident and a landlord lien against the manufactured home for reasonable
costs and expenses incurred in securing, caring for, storing, and removing or transporting
the manufactured home to a suitable place for storage, if the home is not stored on its
existing lot, and for the lot rent and other charges accrued that are not paid by a secured
party as provided under section 327C.08. Notwithstanding section 504B.365, the owner
has a lien under this subdivision regardless of whether the manufactured home is removed
from the lot.
new text end

new text begin (b) Except as otherwise provided in this paragraph, sections 514.18 to 514.22,
including the provisions applicable to motor vehicles, apply to the sale of a manufactured
home to enforce a lien under this subdivision. Notwithstanding the time periods in section
514.20, if the amount secured by the lien has not been paid by the resident, the sale may
occur no earlier than 28 days after execution of the order to vacate or, if a secured creditor
is listed on the certificate of title and the amount secured by the lien has not been paid by a
secured creditor, no earlier than 45 days after the written notice has been provided to all
secured creditors listed on the certificate of title, as provided under section 514.20.
new text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin This section is effective August 1, 2011, and applies to manufactured homes
abandoned on or after that date.
new text end