Bill Text: MN SF1416 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Manufactured home unaffixment from real property process establishment
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 198 04/20/12 [SF1416 Detail]
Download: Minnesota-2011-SF1416-Introduced.html
Bill Title: Manufactured home unaffixment from real property process establishment
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 198 04/20/12 [SF1416 Detail]
Download: Minnesota-2011-SF1416-Introduced.html
1.2relating to real estate; providing process for unaffixing manufactured home
1.3from real property;amending Minnesota Statutes 2010, sections 168A.01, by
1.4adding a subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05,
1.5subdivisions 1, 1a, 1b; 168A.141, subdivision 1; proposing coding for new law
1.6in Minnesota Statutes, chapter 168A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 168A.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 9a. Manufactured home. "Manufactured home" has the meaning given
1.11in section 327.31, subdivision 6.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. Minnesota Statutes 2010, section 168A.02, subdivision 3, is amended to read:
1.14 Subd. 3. Title certificate for manufactured home. Except as provided in
1.15section 168A.141, a certificate of title is required for a manufactured home, as defined
1.16in section
327.31, subdivision 6
1.17home, the department shall insert the following notice: THIS TITLE DESCRIBES A
1.18MANUFACTURED HOME - NOT A MOTOR VEHICLE.
1.19EFFECTIVE DATE.This section is effective the day following final enactment.
1.20 Sec. 3. Minnesota Statutes 2010, section 168A.04, subdivision 1, is amended to read:
1.21 Subdivision 1. Contents. The application for the first certificate of title of a
1.22vehicle or manufactured home in this state, or for reissuance of a certificate of title
2.1for a manufactured home under section 168A.142, shall be made by the owner to the
2.2department on the form prescribed by the department and shall contain:
2.3(1) the first, middle, and last names, the dates of birth, and addresses of all owners
2.4who are natural persons, the full names and addresses of all other owners;
2.5(2) a description of the vehicle or manufactured home including, so far as the
2.6following data exists, its make, model, year, identifying number, type of body, and
2.7whether new or used;
2.8(3) the date of purchase by applicant, the name and address of the person from whom
2.9the vehicle or manufactured home was acquired, the names and addresses of any secured
2.10parties in the order of their priority, and the dates of their respective security agreements;
2.11(4) with respect to motor vehicles subject to the provisions of section325E.15 , the
2.12true cumulative mileage registered on the odometer or that the actual mileage is unknown
2.13if the odometer reading is known by the owner to be different from the true mileage;
2.14(5) with respect to vehicles subject to section325F.6641 , whether the vehicle
2.15sustained damage by collision or other occurrence which exceeded 70 percent of the
2.16actual cash value; and
2.17(6) any further information the department reasonably requires to identify the
2.18vehicle or manufactured home and to enable it to determine whether the owner is entitled
2.19to a certificate of title, and the existence or nonexistence and priority of any security
2.20interest in the vehicle or manufactured home.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 4. Minnesota Statutes 2010, section 168A.05, subdivision 1, is amended to read:
2.23 Subdivision 1. Filing of application; issuance of certificate. The department shall
2.24file each application received, and when satisfied as to its genuineness and regularity and
2.25that the applicant is entitled to the issuance of a certificate of title shall issue a certificate
2.26of titleof for the vehicle or manufactured home.
2.27EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Sec. 5. Minnesota Statutes 2010, section 168A.05, subdivision 1a, is amended to read:
2.29 Subd. 1a. Manufactured home; statement of property tax payment. In the case
2.30of a manufactured homeas defined in section
327.31, subdivision 6
2.31not issue a certificate of title unless the application under section168A.04 is accompanied
2.32with a statement from the county auditor or county treasurer where the manufactured
2.33home is presently located, stating that all manufactured home personal property taxes
3.1levied on the unit in the name of the current owner at the time of transfer have been
3.2paid. For this purpose, manufactured home personal property taxes are treated as levied
3.3on January 1 of the payable year.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 6. Minnesota Statutes 2010, section 168A.05, subdivision 1b, is amended to read:
3.6 Subd. 1b. Manufactured home;exemption exemptions. The provisions of
3.7subdivision 1ashall do not apply to:
3.8(1) a manufactured home which is sold or otherwise disposed of pursuant to section
3.9504B.271
by the owner of a manufactured home park, as defined in section
327.14,
3.10subdivision 3 , or;
3.11(2) a manufactured home which is sold pursuant to section504B.265 by the owner
3.12of a manufactured home park; or
3.13(3) a manufactured home for which a certificate of title is reissued under section
3.14168A.142.
3.15EFFECTIVE DATE.This section is effective the day following final enactment.
3.16 Sec. 7. Minnesota Statutes 2010, section 168A.141, subdivision 1, is amended to read:
3.17 Subdivision 1. Certificates surrendered for cancellation. When a manufactured
3.18home is affixed, as defined in section273.125, subdivision 8 , paragraph (b), to real
3.19property, and financed by the giving of a mortgage on the real property, the owner of the
3.20manufactured home shall surrender the manufacturer's certificate of origin or certificate of
3.21title to the department for cancellation. The owner of the manufactured home shall give
3.22the department the address and legal description of the real property. The department may
3.23require the filing of other information. The department must not issue a certificate of title
3.24for a manufactured home under chapter 168A if the manufacturer's certificate of origin
3.25is or has been surrendered under this subdivision, except as provided in section 168A.142.
3.26Upon surrender of the manufacturer's certificate of origin or the certificate of title, the
3.27department shall issue notice of surrender to the owner, and the manufactured home is
3.28deemed to be an improvement to real property. The noticeto of surrender may be recorded
3.29in the office of the county recorder or with the registrar of titles if the land is registered
3.30but need not contain an acknowledgment.
3.31EFFECTIVE DATE.This section is effective the day following final enactment.
3.32 Sec. 8. [168A.142] MANUFACTURED HOME UNAFFIXED FROM REALTY.
4.1 Subdivision 1. Certificate of title requirements. The department shall issue
4.2an initial certificate of title or reissue a previously surrendered certificate of title for a
4.3manufactured home to an applicant if:
4.4(1) for the purpose of affixing the manufactured home to real property, the owner of
4.5the manufactured home, or a previous owner, surrendered the manufacturer's certificate of
4.6origin or certificate of title to the department as provided in section 168A.141, subdivision
4.71 or 2;
4.8(2) the applicant provides written proof specified in subdivision 2 that the applicant
4.9owns (i) the manufactured home and (ii) the real property to which the manufactured
4.10home was affixed as provided under section 273.125, subdivision 8, paragraph (b);
4.11(3) the applicant provides proof that no liens exist on the manufactured home,
4.12including through liens on the real property to which it is affixed; and
4.13(4) the owner of the manufactured home meets the application requirements of
4.14section 168A.04, and the application is accompanied by a written statement from the
4.15county auditor or county treasurer of the county in which the manufactured home is then
4.16located and affixed, stating that all property taxes payable in the current year, as provided
4.17under section 273.125, subdivision 8, paragraph (b), have been paid.
4.18 Subd. 2. Proof of eligibility for reissuance. (a) The proof required under
4.19subdivision 1, clauses (2) and (3), is as follows:
4.20(1) an affidavit of severance recorded in the office of the county recorder or registrar
4.21of titles, whichever applies to the real property, of the county in which the notice of
4.22surrender was recorded under section 168A.141, subdivision 1, and the affidavit contains:
4.23(i) the name, residence address, and mailing address of the owner or owners of
4.24the manufactured home;
4.25(ii) a description of the manufactured home, including the name of the manufacturer;
4.26the make, model number, model year, dimensions, and manufacturer's serial number of the
4.27manufactured home; and whether the manufactured home is new or used;
4.28(iii) recording information regarding the affidavit of affixation, including the date of
4.29recording and either the recording document number or book and page reference; and
4.30(iv) a statement of any facts or information known to the person executing the
4.31affidavit that could affect the validity of the title of the manufactured home or the existence
4.32or nonexistence of a security interest in the manufactured home or a lien on it, or a
4.33statement that no such facts or information are known to the person executing the affidavit;
4.34(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted
4.35to practice law in this state, or by a licensed agent of a title insurance company licensed to
4.36do title insurance business in this state, stating:
5.1(i) the nature of the examination of title performed prior to giving this opinion by
5.2the person signing the affidavit;
5.3(ii) that the manufactured home and the real property on which it is located is not
5.4subject to any recorded mortgages, security interests, liens, or other encumbrances of
5.5any kind;
5.6(iii) that the person signing the affidavit knows of no facts or circumstances
5.7that could affect the validity of the title of the manufactured home or the existence or
5.8nonexistence of any recorded mortgages, security interests, or other encumbrances of any
5.9kind, other than property taxes payable in the year the affidavit is signed; and
5.10(iv) the person or persons owning record title to the real property to which the
5.11manufactured home has been affixed, and the nature and extent of the title owned by
5.12each of these persons;
5.13(3) the name and address of the person or persons designated by the applicant to file
5.14a certified copy of the affidavit of severance with the county auditor of the county in which
5.15the real estate is located, after the affidavit has been properly recorded in the office of the
5.16county recorder or county registrar of titles, whichever applies to the real property; and
5.17(4) the signature of the person who executes the affidavit, properly executed before a
5.18person authorized to authenticate an affidavit in this state.
5.19(b) As an alternative to paragraph (a), clause (2), the affidavit of severance may
5.20instead include as an attachment a bond issued by an entity licensed to issue bonds in
5.21this state, guaranteeing the facts that would otherwise be guaranteed in paragraph (a),
5.22clause (2), for the benefit of any person who incurs loss as a result of the nonexistence
5.23or inaccuracy of those facts or that opinion. The bond must not contain a dollar limit of
5.24liability, and the form of the bond must be approved by the department.
5.25(c) The person designated in paragraph (a), clause (3), shall record, or arrange for
5.26the recording of, the affidavit of severance as referenced in that item, accompanied
5.27by the fees for recording and for issuing a certified copy of the affidavit, including all
5.28attachments, showing the recording date.
5.29(d) Upon obtaining the certified copy under paragraph (c), the person designated in
5.30the affidavit shall deliver the certified copy to the county auditor of the county in which
5.31the real estate to which it was affixed is located.
5.32(e) The department may prepare a form or forms for use under this section.
5.33EFFECTIVE DATE.This section is effective the day following final enactment.
1.3from real property;amending Minnesota Statutes 2010, sections 168A.01, by
1.4adding a subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05,
1.5subdivisions 1, 1a, 1b; 168A.141, subdivision 1; proposing coding for new law
1.6in Minnesota Statutes, chapter 168A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 168A.01, is amended by adding a
1.9subdivision to read:
1.10 Subd. 9a. Manufactured home. "Manufactured home" has the meaning given
1.11in section 327.31, subdivision 6.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. Minnesota Statutes 2010, section 168A.02, subdivision 3, is amended to read:
1.14 Subd. 3. Title certificate for manufactured home. Except as provided in
1.15section 168A.141, a certificate of title is required for a manufactured home
1.16
1.17home, the department shall insert the following notice: THIS TITLE DESCRIBES A
1.18MANUFACTURED HOME - NOT A MOTOR VEHICLE.
1.19EFFECTIVE DATE.This section is effective the day following final enactment.
1.20 Sec. 3. Minnesota Statutes 2010, section 168A.04, subdivision 1, is amended to read:
1.21 Subdivision 1. Contents. The application for the first certificate of title of a
1.22vehicle or manufactured home in this state, or for reissuance of a certificate of title
2.1for a manufactured home under section 168A.142, shall be made by the owner to the
2.2department on the form prescribed by the department and shall contain:
2.3(1) the first, middle, and last names, the dates of birth, and addresses of all owners
2.4who are natural persons, the full names and addresses of all other owners;
2.5(2) a description of the vehicle or manufactured home including, so far as the
2.6following data exists, its make, model, year, identifying number, type of body, and
2.7whether new or used;
2.8(3) the date of purchase by applicant, the name and address of the person from whom
2.9the vehicle or manufactured home was acquired, the names and addresses of any secured
2.10parties in the order of their priority, and the dates of their respective security agreements;
2.11(4) with respect to motor vehicles subject to the provisions of section
2.12true cumulative mileage registered on the odometer or that the actual mileage is unknown
2.13if the odometer reading is known by the owner to be different from the true mileage;
2.14(5) with respect to vehicles subject to section
2.15sustained damage by collision or other occurrence which exceeded 70 percent of the
2.16actual cash value; and
2.17(6) any further information the department reasonably requires to identify the
2.18vehicle or manufactured home and to enable it to determine whether the owner is entitled
2.19to a certificate of title, and the existence or nonexistence and priority of any security
2.20interest in the vehicle or manufactured home.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 4. Minnesota Statutes 2010, section 168A.05, subdivision 1, is amended to read:
2.23 Subdivision 1. Filing of application; issuance of certificate. The department shall
2.24file each application received, and when satisfied as to its genuineness and regularity and
2.25that the applicant is entitled to the issuance of a certificate of title shall issue a certificate
2.26of title
2.27EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Sec. 5. Minnesota Statutes 2010, section 168A.05, subdivision 1a, is amended to read:
2.29 Subd. 1a. Manufactured home; statement of property tax payment. In the case
2.30of a manufactured home
2.31not issue a certificate of title unless the application under section
2.32with a statement from the county auditor or county treasurer where the manufactured
2.33home is presently located, stating that all manufactured home personal property taxes
3.1levied on the unit in the name of the current owner at the time of transfer have been
3.2paid. For this purpose, manufactured home personal property taxes are treated as levied
3.3on January 1 of the payable year.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 6. Minnesota Statutes 2010, section 168A.05, subdivision 1b, is amended to read:
3.6 Subd. 1b. Manufactured home;
3.7subdivision 1a
3.8(1) a manufactured home which is sold or otherwise disposed of pursuant to section
3.10subdivision 3
3.11(2) a manufactured home which is sold pursuant to section
3.12of a manufactured home park; or
3.13(3) a manufactured home for which a certificate of title is reissued under section
3.14168A.142.
3.15EFFECTIVE DATE.This section is effective the day following final enactment.
3.16 Sec. 7. Minnesota Statutes 2010, section 168A.141, subdivision 1, is amended to read:
3.17 Subdivision 1. Certificates surrendered for cancellation. When a manufactured
3.18home is affixed, as defined in section
3.19property, and financed by the giving of a mortgage on the real property, the owner of the
3.20manufactured home shall surrender the manufacturer's certificate of origin or certificate of
3.21title to the department for cancellation. The owner of the manufactured home shall give
3.22the department the address and legal description of the real property. The department may
3.23require the filing of other information. The department must not issue a certificate of title
3.24for a manufactured home under chapter 168A if the manufacturer's certificate of origin
3.25is or has been surrendered under this subdivision, except as provided in section 168A.142.
3.26Upon surrender of the manufacturer's certificate of origin or the certificate of title, the
3.27department shall issue notice of surrender to the owner, and the manufactured home is
3.28deemed to be an improvement to real property. The notice
3.29in the office of the county recorder or with the registrar of titles if the land is registered
3.30but need not contain an acknowledgment.
3.31EFFECTIVE DATE.This section is effective the day following final enactment.
3.32 Sec. 8. [168A.142] MANUFACTURED HOME UNAFFIXED FROM REALTY.
4.1 Subdivision 1. Certificate of title requirements. The department shall issue
4.2an initial certificate of title or reissue a previously surrendered certificate of title for a
4.3manufactured home to an applicant if:
4.4(1) for the purpose of affixing the manufactured home to real property, the owner of
4.5the manufactured home, or a previous owner, surrendered the manufacturer's certificate of
4.6origin or certificate of title to the department as provided in section 168A.141, subdivision
4.71 or 2;
4.8(2) the applicant provides written proof specified in subdivision 2 that the applicant
4.9owns (i) the manufactured home and (ii) the real property to which the manufactured
4.10home was affixed as provided under section 273.125, subdivision 8, paragraph (b);
4.11(3) the applicant provides proof that no liens exist on the manufactured home,
4.12including through liens on the real property to which it is affixed; and
4.13(4) the owner of the manufactured home meets the application requirements of
4.14section 168A.04, and the application is accompanied by a written statement from the
4.15county auditor or county treasurer of the county in which the manufactured home is then
4.16located and affixed, stating that all property taxes payable in the current year, as provided
4.17under section 273.125, subdivision 8, paragraph (b), have been paid.
4.18 Subd. 2. Proof of eligibility for reissuance. (a) The proof required under
4.19subdivision 1, clauses (2) and (3), is as follows:
4.20(1) an affidavit of severance recorded in the office of the county recorder or registrar
4.21of titles, whichever applies to the real property, of the county in which the notice of
4.22surrender was recorded under section 168A.141, subdivision 1, and the affidavit contains:
4.23(i) the name, residence address, and mailing address of the owner or owners of
4.24the manufactured home;
4.25(ii) a description of the manufactured home, including the name of the manufacturer;
4.26the make, model number, model year, dimensions, and manufacturer's serial number of the
4.27manufactured home; and whether the manufactured home is new or used;
4.28(iii) recording information regarding the affidavit of affixation, including the date of
4.29recording and either the recording document number or book and page reference; and
4.30(iv) a statement of any facts or information known to the person executing the
4.31affidavit that could affect the validity of the title of the manufactured home or the existence
4.32or nonexistence of a security interest in the manufactured home or a lien on it, or a
4.33statement that no such facts or information are known to the person executing the affidavit;
4.34(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted
4.35to practice law in this state, or by a licensed agent of a title insurance company licensed to
4.36do title insurance business in this state, stating:
5.1(i) the nature of the examination of title performed prior to giving this opinion by
5.2the person signing the affidavit;
5.3(ii) that the manufactured home and the real property on which it is located is not
5.4subject to any recorded mortgages, security interests, liens, or other encumbrances of
5.5any kind;
5.6(iii) that the person signing the affidavit knows of no facts or circumstances
5.7that could affect the validity of the title of the manufactured home or the existence or
5.8nonexistence of any recorded mortgages, security interests, or other encumbrances of any
5.9kind, other than property taxes payable in the year the affidavit is signed; and
5.10(iv) the person or persons owning record title to the real property to which the
5.11manufactured home has been affixed, and the nature and extent of the title owned by
5.12each of these persons;
5.13(3) the name and address of the person or persons designated by the applicant to file
5.14a certified copy of the affidavit of severance with the county auditor of the county in which
5.15the real estate is located, after the affidavit has been properly recorded in the office of the
5.16county recorder or county registrar of titles, whichever applies to the real property; and
5.17(4) the signature of the person who executes the affidavit, properly executed before a
5.18person authorized to authenticate an affidavit in this state.
5.19(b) As an alternative to paragraph (a), clause (2), the affidavit of severance may
5.20instead include as an attachment a bond issued by an entity licensed to issue bonds in
5.21this state, guaranteeing the facts that would otherwise be guaranteed in paragraph (a),
5.22clause (2), for the benefit of any person who incurs loss as a result of the nonexistence
5.23or inaccuracy of those facts or that opinion. The bond must not contain a dollar limit of
5.24liability, and the form of the bond must be approved by the department.
5.25(c) The person designated in paragraph (a), clause (3), shall record, or arrange for
5.26the recording of, the affidavit of severance as referenced in that item, accompanied
5.27by the fees for recording and for issuing a certified copy of the affidavit, including all
5.28attachments, showing the recording date.
5.29(d) Upon obtaining the certified copy under paragraph (c), the person designated in
5.30the affidavit shall deliver the certified copy to the county auditor of the county in which
5.31the real estate to which it was affixed is located.
5.32(e) The department may prepare a form or forms for use under this section.
5.33EFFECTIVE DATE.This section is effective the day following final enactment.
