Bill Text: MI HB6007 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Mobile homes: sales; payment of fair market value to owner of an abandoned mobile home in certain circumstances; require. Amends 1987 PA 96 (MCL 125.2301 - 125.2350) by adding sec. 30j.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-01 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB6007 Detail]
Download: Michigan-2019-HB6007-Introduced.html
HOUSE BILL NO. 6007
July 23, 2020, Introduced by Reps. Hertel,
Cherry, Kahle, Sneller, Mueller and Frederick and referred to the Committee
on Regulatory Reform.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
(MCL 125.2301 to 125.2350) by adding section 30j.
the people of the state of michigan enact:
Sec. 30j. (1) An
owner of a mobile home park at which a mobile home owned by another person is located
may declare the mobile home abandoned if all of the following conditions are
met:
(a) A court of competent jurisdiction
issued an order pursuant to chapter 57 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5701 to 600.5759, or chapter 57a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.5771 to 600.5785, restoring possession of the
premises to the mobile home park owner.
(b) Either the mobile home on the
premises has been continuously unoccupied for at least 90 days after the court
issued the order under subsection (1)(a) or rent has not been paid for at least
10 days after the court issued the order under subsection (1)(a).
(c) Any indebtedness that is secured by
the mobile home or is related to a lease agreement or terms of tenancy between
the mobile home park owner and the mobile home owner is delinquent.
(2)
Before declaring a mobile home abandoned but after meeting the requirements of
subsection (1), the mobile home park owner must affix a notice of intent to
declare the mobile home abandoned on the mobile home and must send the notice
of intent to declare the mobile home abandoned by certified United States Postal
Service mail to the mobile home owner, all persons identified on the lease
agreement between the mobile home park owner and the mobile home owner, and all
lienholders at the addresses listed on the mobile home owner's title. The
mobile home park owner shall file the notice of intent to declare the mobile
home abandoned with the secretary of state.
(3)
A mobile home park owner shall do all of the following upon filing a notice under
subsection (2):
(a)
Calculate whether the fair market value of the mobile home exceeds the sum of the
amount of rent due and unpaid for the premises occupied by the mobile home, any
unpaid fees, and any unpaid amount for utility services that are owed to the
mobile home park by the mobile home owner.
(b)
If the mobile home park owner determines that the fair market value of the
mobile home exceeds the sum of the amount of rent due and unpaid for the
premises occupied by the mobile home, any unpaid fees, and any unpaid amount
for utility services that are owed to the mobile home park by the mobile home
owner, the mobile home park owner shall make a good-faith effort to notify the
mobile home owner that he or she is entitled to receive compensation from the
mobile home park that is equal to the fair market value of the mobile home
minus the sum of the amount of rent due and unpaid for the premises occupied by
the mobile home, any unpaid fees, and any unpaid amount for utility services
that are owed to the mobile home park by the mobile home owner.
(4)
Upon receiving a notice of intent to declare a mobile home abandoned, the
secretary of state shall, within 10 days of the receipt of the notice, send a
written notice by United States Postal Service mail to the mobile home owner at
all current addresses the secretary of state has in its records for the mobile home
owner. The written notice sent by the secretary of state shall contain all of
the following:
(a)
A statement explaining the requirements of this section.
(b)
The secretary of state's contact information if the mobile home owner intends
to contest the declaration that the mobile home is abandoned.
(c)
A statement explaining that the mobile home owner may contest the declaration
that the mobile home is abandoned before a court of competent jurisdiction.
(5)
Upon receipt of a notice of intent to declare the mobile home abandoned, the mobile
home owner or a lienholder may enter into the mobile home park to remove the
mobile home. A mobile home owner or a lienholder removing the mobile home under
this subsection is responsible to the mobile home park owner for any damage to
the mobile home park resulting from removing the mobile home, including any
amount owed to the mobile home park.
(6)
If the mobile home remains in the mobile home park for at least thirty days
after the date the written notice required to be sent by the secretary of state
under subsection (4) is postmarked, both of the following apply:
(a)
Subject to subsection (10), all liens on the mobile home are extinguished.
(b)
The mobile home park owner may declare the mobile home abandoned and may apply
to the secretary of state to obtain title to the mobile home.
(7)
If a mobile home park owner applies for a title to the mobile home under this
section, the mobile home park shall include with the application for a title an
affidavit that includes all of the following statements:
(a)
That the affiant is the licensed owner of the mobile home park in which the
mobile home is located.
(b)
That the title of the mobile home is being transferred to the licensed owner of
the mobile home park in which the mobile home is located.
(c)
That the mobile home park owner complied with all of the requirements of this
section.
(d)
That the mobile home park owner is not aware of any challenge to the
declaration that the mobile home is abandoned or any proceeding in a court of
competent jurisdiction challenging the declaration that the mobile home is
abandoned.
(8)
The secretary of state may require that the mobile home park provide proof of
its compliance with this section in the application to transfer the title of
the mobile home to the mobile home park owner.
(9)
The secretary of state shall, 10 days after the secretary of state receives
application to transfer the title of the mobile home to the mobile home park,
issue title to the mobile home park owner.
(10)
If there is evidence of a United States Postal Service mail return receipt showing
proof of delivery of the notice described in subsection (2) from each lienholder
required to be notified under subsection (2), a title issued by the secretary
of state to the mobile home park is free of all liens.
(11)
As part of the transfer of title to an abandoned mobile home, the owner of a
mobile home is entitled to the fair market value of the mobile home minus the
sum of the amount of rent due and unpaid for the premises occupied by the
mobile home, any unpaid fees, and any unpaid amount for utility services that
are owed to the mobile home park by the mobile home owner.
Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 100th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____
(request no. 05128'19).
(b) Senate Bill No.____ or House Bill No.____
(request no. 05146'19 *).
(c) Senate Bill No.____ or House Bill No.____
(request no. 05273'19 *).
(d) Senate Bill No.____ or House Bill No.____
(request no. 06638'20 *).
(e) Senate Bill No.____ or House Bill No.____ (request no. 07323'20).
