168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.
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 is surrendered under this subdivision. 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 the manufactured home is deemed to be an improvement to real
property. The notice to 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.
Subd. 2. Perfected security interest avoids cancellation.
The department may not cancel a
certificate of title if a security interest has been perfected on the manufactured home. If a security
interest has been perfected, the department shall notify the owner and each secured party that
the certificate of title and a description of the security interest have been surrendered to the
department and that the department will not cancel the certificate of title until the security interest
is satisfied. Permanent attachment to real property does not extinguish an otherwise valid security
interest in or tax lien on the manufactured home.
Subd. 3. Notice of security interest avoids surrender.
The manufacturer's certificate of
origin or the certificate of title need not be surrendered to the department under subdivision 1 when
a perfected security interest exists on the manufactured home at the time the manufactured home
is affixed to real property, if the owner of the manufactured home files 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 interest. 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 filed 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.
History: 1982 c 526 art 3 s 2; 2003 c 90 s 1