SCS/HCS/HB 1474 - This act modifies several provisions of law relating to the regulation of manufactured homes. This act repeals the requirement that operators of rental and leasing facilities provide a description of the personal property located within the rental or leasing facility to the county assessor where such rental or leasing facility is located for property tax purposes. The provision authorizing the imposition of a penalty for an owner of a rental or leasing facility's failure to provide the property lists is also repealed. Owners of marinas and other comparable facilities which provide dockage or storage space for boats, vessels, floating homes, and floating structures will no longer be required to provide documentation including the lessee's name, address, county of residence, and a description of the personal property located within the marina or comparable facility to the county assessor where such marina or comparable facility is located for property tax purposes (Section 137.092). This provision is contained in SS/SB 957 (2008).
The act establishes the "Manufactured Housing Customer Recovery Fund" for the purposes of paying consumer claims pursuant to the procedures the commission promulgates by rule. No claims shall be considered by the commission before all other legal remedies have been exhausted (Section 700.041).
Dealers of new manufactured homes shall provide the purchaser with a bill of sale or purchase agreements containing the total price of the unit, serial number or manufacturer name and model number and other associated costs (Section 700.056).
The act requires every manufacturer of a manufactured home or modular unit to register with the commission each place of business at which the dealer sells such units. The act modifies the dealer registration process by requiring dealers to, when registering, maintain a bona fide established place of business and maintain a permanent enclosed building or structure for the sale of manufactured homes or modular units (§700.095).
The act specifically provides that commission suspension, revocation or probation orders shall apply to all registrations held by the dealer if there is consistent pattern of abuse. The act provides that the commission, through its general counsel, may seek remedies in circuit court for violations of Chapter 700.
The act also assigns new statutory numbers to several provisions of law contained in the manufactured housing code (Chapter 700)(e.g. §700.465 is now §700.097).
These provisions in the act are substantially similar to SB 957 (2008) and SB 313 (2007).
This act modifies the definition of manufactured home contained in various areas of the Revised Statutes of Missouri to match the definition contained in Missouri's Uniform Commercial Code.
The act establishes procedures for converting manufactured homes into real property or from real property back to personal property. In order to be considered real property for conveyance purposes, the act requires a manufactured home to be permanently affixed to a permanent foundation and requires an affidavit to the affixation. The act sets forth what an affidavit of affixation must contain. For example, the affidavit must contain the street address and the legal description of the real estate to which the manufactured home will be permanently affixed. The affidavit of affixation shall also contain a statement as to whether or not the manufactured home is subject to security interests or liens. Additionally, the affidavit of affixation must be accompanied by a statement of whether or not the manufactured home is covered by a certificate of title.
An affidavit of affixation shall be acknowledged or proved in a manner so that the affidavit of affixation may be recorded and indexed. Once an affidavit of affixation has been recorded and indexed, the act requires the recorder of deeds to forward a certified copy of the affidavit of affixation to the department of revenue for filing. Once these statutory steps have been followed, the manufactured home shall be deemed to be real estate and title to such home shall be transferred by deed as other interests of real estate are transferred. Once the manufactured home is considered real estate, the laws governing real estate shall apply to such home (Section 442.015).
The act requires an affidavit of severance to be filed when a manufactured home is detached or severed from the real estate to which it had been affixed. The affidavit of severance must contain a property description and any information that could affect the validity of the title to the manufactured home or the existence of a security interest or lien. The act sets forth steps to record the affidavit of severance and establishes a process for filing the affidavit of severance with the Department of Revenue (Section 442.015.10).
The act established a process in which a manufactured home owner, who has permanently affixed such home to real estate, may surrender the manufacturer’s certificate of origin to the manufactured home to the director of revenue. The manufactured home owner must fill out an application to surrender the certificate of origin. The act specifies what information the application must contain. If the director is satisfied with the surrender of a manufacturer's certificate of origin, the director shall cancel the certificate of origin and update the department's records. The act sets forth a similar process for surrendering a certificate of title to a manufactured home permanently affixed to real estate (Section 700.111.2).
The act also establishes a process for obtaining a new certificate of title after a manufactured home has been detached or severed from real estate (real property ? personal property)(Section 700.111.4).
The act prohibits the director from issuing a certificate of title to a manufactured home to which there has been recorded an affidavit of affixation. The director may only issue the certificate of title once an affidavit of severance has been recorded (Section 700.320.5).
The act requires the director of the Department of Revenue to maintain records of each affidavit of affixation and each affidavit of severance filed with the department.
The act provides that a purchase money security interest in a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date the purchase money security interest attaches. The act further provides that after a certificate of title has been issued to a manufactured home and is subject to a security interest, the department shall not file an affidavit of affixation, cancel the certificate of origin, nor revoke the certificate of title (Section 700.350).
STEPHEN WITTE