SF 187

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 11:39am

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.

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. new text end

new text begin If an applicant is unable to locate,
obtain, or produce the original certificate of origin or certificate of title, there is no evidence
of a surrendered certificate of title for affixation purposes, and the applicant is unable to
establish sole ownership of the manufactured home because one or more owners, prior
owners, or lienholders cannot be found or are uncooperative, the department must issue a
certificate of title on a manufactured home if the applicant submits:
new text end

new text begin (1) the application;
new text end

new text begin (2) proof of eligibility for issuance specified in subdivision 2, if the manufactured home
is located on or affixed to real property;
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new text begin (3) an affidavit that:
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new text begin (i) identifies (A) the name of the manufacturer, (B) the manufactured home's make,
model number, model year, dimensions, and (C) the manufacturer's serial number;
new text end

new text begin (ii) certifies the applicant is an owner of the manufactured home and has physical
possession of the manufactured home; and
new text end

new text begin (iii) certifies the applicant performed due diligence in attempting to transfer interest in
the manufactured home or obtain a certificate of origin or certificate of title or lien release,
but was unable to: (A) determine the names or locations of one or more owners, prior owners,
or lienholders; or (B) successfully contact one or more owners, prior owners, or lienholders
known to the applicant; and
new text end

new text begin (4) payment for required taxes and fees.
new text end

new text begin Subd. 2. new text end

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

new text begin (a) The proof of eligibility for issuance of
title required under subdivision 1, clause (2), must contain:
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new text begin (1) an affidavit of severance, if the applicant wants the manufactured home unaffixed
from the real property; or
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new text begin (2) an affidavit of affixation, if the applicant wants the manufactured home affixed to
the real property and recorded in the office of the county recorder or registrar of titles.
new text end

new text begin (b) An affidavit submitted under paragraph (a) must contain:
new text end

new text begin (1) the name, residence address, and mailing address of the owner or owners of the
manufactured home;
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new text begin (2) a description of the manufactured home, including (i) the name of the manufacturer,
(ii) the manufactured home's make, model number, model year, dimensions, and (iii) the
manufacturer's serial number;
new text end

new text begin (3) 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 facts or information regarding security interests are known to the person executing
the affidavit; and
new text end

new text begin (4) a statement that the applicant performed due diligence in attempting to transfer
interest in the manufactured home or obtain a certificate of origin or certificate of title or
lien release, but was unable to: (i) determine the names or locations of one or more owners,
prior owners, or lienholders; or (ii) successfully contact one or more owners, prior owners,
or lienholders known to the applicant.
new text end

new text begin (c) As an attachment to an affidavit of severance, an application must include an opinion
by an attorney admitted to practice law in Minnesota, stating:
new text end

new text begin (1) the nature of the title examination performed by the attorney prior to developing and
signing the opinion;
new text end

new text begin (2) that the manufactured home and the real property it is located on is not subject to
any recorded mortgages, security interests, liens, or other encumbrances;
new text end

new text begin (3) that the attorney signing the opinion knows of no facts or circumstances, other than
property taxes payable in the year the affidavit is signed, that could affect the validity of
the title of the manufactured home or indicate the existence or nonexistence of any recorded
mortgages, security interests, or other encumbrances of any kind;
new text end

new text begin (4) 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
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new text begin (5) that the attorney signing the opinion has reviewed all provisions of the affidavit of
severance and certifies that the provisions are correct and complete to the best of the signing
attorney's knowledge.
new text end

new text begin (d) A submission under this subdivision must include 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.
new text end

new text begin (e) A submission under this subdivision must include 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 (f) The person designated under paragraph (d) must record or arrange for the recording
of the affidavit of severance, including all attachments and showing the recording date,
accompanied by the fees for recording and for issuing a certified copy of the affidavit.
new text end

new text begin (g) Upon obtaining the certified copy under paragraph (f), the person designated in the
affidavit must deliver the certified copy to the county auditor of the county in which the
real estate was located or affixed.
new text end

new text begin (h) 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