Section 700.111

Title XLI CODES AND STANDARDS

Chapter 700

Effective - 01 Mar 2011, 2 histories, see footnote   

  700.111.  Surrender of certificate of origin and certificate of title — confirmation of conversion, when — rulemaking authority — 1.  (1)  The owner or owners of a manufactured home that is covered by a manufacturer's certificate of origin and that is permanently affixed to real estate as defined in subsection 1 of section 442.015, or which the owner intends to permanently affix to real estate as defined in subsection 1 of section 442.015, may surrender the manufacturer's certificate of origin to the manufactured home to the director of revenue by filing with the director of revenue, in the form prescribed by the director, an application for surrender of manufacturer's certificate of origin containing or accompanied by:

  (a)  The name, residence, and mailing address of the owner;

  (b)  A description of the manufactured home including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home and whether it is new or used and any other information the director of revenue requires;

  (c)  The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;

  (d)  A statement signed by the owner, stating either:

  a.  Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or

  b.  That no such facts or information are known to the owner;

  (e)  A certified copy of the affidavit of affixation as provided in accordance with subsection 5 of section 442.015;

  (f)  The original manufacturer's certificate of origin;

  (g)  The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue;

  (h)  The applicable fee for filing the application for surrender; and

  (i)  Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015, and is entitled to surrender the manufacturer's certificate of origin, and the existence or nonexistence of security interests in or liens on the manufactured home.

  (2)  When satisfied of the genuineness and regularity of the surrender of a manufacturer's certificate of origin to a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director of revenue shall:

  (a)  Cancel the manufacturer's certificate of origin and update the department's records in accordance with the provisions of section 700.320; and

  (b)  Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of a manufacturer's certificate of origin under paragraph (g) of subdivision (1) of this subsection.

  (3)  Upon satisfaction of the requirements of this subsection a manufactured home shall be conveyed and encumbered as provided in chapter 442.  If the application to surrender a manufacturer's certificate of origin is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded.

  (4)  Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection.

  2.  (1)  The owner or owners of a manufactured home that is covered by a certificate of title and that is permanently affixed to real estate in accordance with subsection 1 of section 442.015, or which the owner intends to permanently affix to real estate in accordance with subsection 1 of section 442.015, may surrender the certificate of title to the manufactured home to the director of revenue by filing with the director of revenue an application in the form prescribed by the director for surrender of title containing or accompanied by:

  (a)  The name, residence, and mailing address of the owner;

  (b)  A description of the manufactured home including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home and whether it is new or used and any other information the director of revenue requires;

  (c)  The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;

  (d)  A statement signed by the owner, stating either:

  a.  Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or

  b.  That no such facts or information are known to the owner;

  (e)  A certified copy of the affidavit of affixation provided in accordance with subsection 5 of section 442.015;

  (f)  The original certificate of title;

  (g)  The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue;

  (h)  The applicable fee for filing the application for surrender; and

  (i)  Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015, and is entitled to surrender the certificate of title and the existence or nonexistence of security interests in or liens on the manufactured home.

  (2)  The director of revenue shall not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected under section 700.350 have been released.

  (3)  When satisfied of the genuineness and regularity of the surrender of a certificate of title to a manufactured home and upon satisfaction of the requirements of subdivisions (1) and (2) of this subsection, the director of revenue shall:

  (a)  Cancel the certificate of title and update the department's records in accordance with the provisions of section 700.320; and

  (b)  Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of title under paragraph (g) of subdivision (1) of this subsection.

  (4)  Upon satisfaction of the requirements of this subsection a manufactured home shall be conveyed and encumbered as provided in chapter 442.  If the application to surrender a certificate of title is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed, and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded.

  (5)  Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection.

  3.  (1)  The owner or owners of a manufactured home that is not covered by a manufacturer's certificate of origin or a certificate of title, or that is covered by a manufacturer's certificate of origin or a certificate of title which the owner of the manufactured home, after diligent search and inquiry, is unable to produce, and that is permanently affixed to real estate in accordance with subsection 1 of section 442.015, or which the owner intends to permanently affix to real estate as defined in subsection 1 of section 442.015, may apply to the director of revenue by filing with the director of revenue an application for confirmation of conversion containing or accompanied by:

  (a)  The name, residence, and mailing address of the owner;

  (b)  A description of the manufactured home including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home and whether it is new or used and any other information the director of revenue requires;

  (c)  The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;

  (d)  A statement signed by the owner, stating either:

  a.  Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or

  b.  That no such facts or information are known to the owner;

  (e)  A certified copy of the affidavit of affixation as provided in accordance with subsection 5 of section 442.015;

  (f)  A declaration by an attorney-at-law, duly admitted to practice in the courts of the state of Missouri, or an agent of a title insurance company duly licensed to issue policies of title insurance in the state of Missouri, that the manufactured home is free and clear of, or has been released from, all recorded security interests, liens and encumbrances; and

  a.  Any facts or information known to him or her that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or

  b.  That no such facts or information are known to him or her;

  (g)  The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue;

  (h)  The applicable fee for filing the application for surrender; and

  (i)  Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015, and the existence or nonexistence of security interests in or liens on the manufactured home.

  (2)  When satisfied of the genuineness and regularity of the application for confirmation of conversion of a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director of revenue shall:

  (a)  Update the department's records in accordance with the provisions of section 700.320; and

  (b)  Provide written acknowledgment of compliance with the provisions of this subsection to each person identified on the application for confirmation of conversion under paragraph (g) of subdivision (1) of this subsection.

  (3)  Upon satisfaction of the requirements of this subsection, a manufactured home shall be conveyed and encumbered as provided in chapter 442.  If the application for confirmation of conversion of a manufactured home is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded.

  (4)  Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection.

  4.  (1)  Notwithstanding any other provision of law, where a manufactured home has been permanently affixed to real estate and an affidavit of affixation has been recorded in the real estate records in the county in which the manufactured home is located in accordance with section 442.015, and where the manufactured home subsequently is detached or severed from the real estate, the owner or owners of the manufactured home may apply for a new certificate of title by filing with the director of revenue an application for a certificate of title to a manufactured home, containing or accompanied by:

  (a)  The name, residence, and mailing address of the owner;

  (b)  A description of the manufactured home including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home and whether it is new or used and any other information the director of revenue requires;

  (c)  A statement signed by the applicant, stating either:

  a.  Any facts or information known to the applicant that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or

  b.  That no such facts or information are known to the applicant;

  (d)  A certified copy of the affidavit of severance provided in accordance with section 442.015;

  (e)  A declaration by an attorney-at-law, duly admitted to practice in the courts of the state of Missouri, or an agent of a title insurance company duly licensed to issue policies of title insurance in the state of Missouri, that the manufactured home is free and clear of, or has been released from, all recorded security interests, liens and encumbrances; and

  a.  Any facts or information known to him or her that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or

  b.  That no such facts or information are known to him or her;

  (f)  The applicable fee for filing the application; and

  (g)  Any other information and documents the director of revenue reasonably requires to identify the manufactured home and to enable the director to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in or liens on the manufactured home.

  (2)  When satisfied of the genuineness and regularity of the application for a certificate of title to a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director shall issue a new certificate of title and update the department's records in accordance with the provisions of section 700.320.

  (3)  Immediately upon satisfaction of the requirements of this subsection, a manufactured home shall be conveyed and encumbered as personal property.

  (4)  Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection.

  5.  The department of revenue shall promulgate rules to implement the provisions of this section.  The department of revenue shall also promulgate standard affidavit of affixation forms, affidavit of severance forms, and confirmation of conversion forms that comply with the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

  6.  The provisions of this section shall become effective no later than March 1, 2011.

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(L. 1991 H.B. 608, A.L. 2010 S.B. 630)

Effective 3-01-11