Section 700.527

Title XLI CODES AND STANDARDS

Chapter 700

Effective - 01 Mar 2011, 2 histories, see footnote   

  700.527.  Abandonment of manufactured home or rental real property — owner of property may seek lien, when, procedure — director's duties. — 1.  If a person abandons a manufactured home on any real property owned by another who is renting such real property to the owner of the manufactured home, and such abandonment is without the consent of the owner of the real property, and the abandoned manufactured home is not subject to any lien perfected according to sections 700.350 to 700.380, the owner of the real property shall have a lien for unpaid rent against the manufactured home.  The lien for unpaid rent shall be enforced as provided in this section and may be contested as provided in section 700.528.

  2.  The real property owner claiming a lien on an abandoned manufactured home shall give written notice to the owner of the manufactured home, by certified mail, return receipt requested.  The notice shall contain the following:

  (1)  The name, address, and telephone number of the real property owner;

  (2)  The name of the owner of the manufactured home and the make, year, and serial number of the manufactured home;

  (3)  That the manufactured home is abandoned as provided in section 700.526 and applicable rule of the director of revenue;

  (4)  The duration of such abandonment;

  (5)  That the manufactured home is located on real estate owned by the real property owner;

  (6)  That the home is located on such real estate by reason of a valid rental agreement;

  (7)  That the homeowner is in default of the rental agreement;

  (8)  The amount of rent accrued to the date of the notice and the monthly rate at which future rent will accrue until the abandoned home is redeemed;

  (9)  That the homeowner has not paid or made arrangements for the payment of the accrued rent;

  (10)  That the real property owner claims a lien for all such rent;

  (11)  That the owner of the manufactured home may redeem the abandoned manufactured home at any time during business hours by paying all rent accrued under the terms of the rental agreement;

  (12)  That the manufactured homeowner has a right to contest the real property owner's lien by filing, within ten days of receipt of the notice required by this section, a petition in the associate circuit division of circuit court of the county in which the manufactured home is located;

  (13)  That if the manufactured home remains unredeemed thirty days from the date of mailing of the notice and within ten days of mailing of the notice a petition is not filed to contest the lien, the real property owner may apply to the director of revenue for a lien title.  Upon receipt of a lien title, the real property owner shall have the right to sell the manufactured home to recover unpaid rent, actual and necessary expenses incurred in obtaining a lien title, and conducting and advertising the sale.

  3.  The real property owner's lien and the sum of which the homeowner shall be obligated to pay to satisfy the lien shall be the unpaid rent accrued under the terms of the rental agreement to the date the homeowner satisfied the lien or if not so satisfied to the date the home is sold under this section.

  4.  The owner of the manufactured home shall not have the right to remove the home from the real property owner's property until such time as all rent provided for the rental agreement is paid.

  5.  If the homeowner has not paid or made arrangements for the payment of the accrued rent with the real property owner within thirty days from the date of mailing of the notice and no petition as provided in section 700.528 has been filed in the associate circuit division of the circuit court in the county in which the abandoned manufactured home is located to contest the lien or if filed has been dismissed or judgment has been entered on the petition establishing the real property owner's lien, the real property owner may apply to the director of revenue for a certificate of title in order to enforce the lien.

  6.  The application for a lien title shall be in the form furnished by the director of revenue and shall contain and be accompanied by:

  (1)  The make, year, and serial number of the manufactured home;

  (2)  An affidavit of the owner of real property seeking possession of the manufactured home that states:

  (a)  The manufactured home is abandoned as provided in section 700.526 and by applicable rule of the director of revenue;

  (b)  The duration of such abandonment;

  (c)  The manufactured home is located upon real property owned by the real property owner;

  (d)  The manufactured home is located on the real estate by reason of a valid rental agreement;

  (e)  The homeowner is in default of the rental agreement;

  (f)  The amount of past-due rent and the monthly rate at which future rent will accrue under the rental agreement;

  (g)  The homeowner has not paid or made arrangements for the payment of the rent;

  (h)  The owner of real property claims a lien for all such rent;

  (i)  The real property owner mailed the notice required by subsection 3 of this section to the owner of the manufactured home by certified mail, return receipt requested;

  (j)  The manufactured homeowner has not filed a petition in the associate circuit division of circuit court contesting the real property owner's lien, or if a petition was filed, that either the homeowner's petition was dismissed or that a judgment in the real property owner's favor establishing the lien was entered;

  (3)  A copy of the thirty-day notice given by certified mail to the owner of the manufactured home;

  (4)  A copy of the certified mail receipt indicating that the owner was sent the notice as required in subsection 3 of this section;

  (5)  A copy of the envelope or mailing container showing the address and postal marking that indicate the notice was not forwardable or address unknown;

  (6)  An original, photostatic, or conformed copy of the original contract for the rental of the real property;

  (7)  A copy of any judgment of dismissal of the homeowner's petition to contest the lien or a judgment awarding the real property owner a lien against the manufactured home; and

  (8)  Any other information that the director of revenue may require by rule.

  7.  If the director is satisfied with the genuineness of the application and supporting documents submitted under this section, the director shall issue, in the manner a repossessed title is issued, a certificate of ownership or certificate of title to the real property owner which shall be captioned "lien title".

  8.  Upon receipt of a lien title, the holder shall within thirty days begin proceedings to sell the manufactured home as prescribed in this section.  The real property owner shall be entitled to any actual and necessary expenses incurred in obtaining the lien title, including, but not limited to reasonable attorney's fees and cost of advertising.

  9.  The sale of the manufactured home shall be held only after giving the owner not less than twenty days' notice, by one of the following means:

  (1)  By personal delivery to the owner of a copy of the notice set out below;

  (2)  By mailing a copy of the notice set out in subsection 11 of this section, by registered mail addressed to the owner of the manufactured home in which case a return receipt shall be evidence of due notice;

  (3)  By publishing the notice not less than twice in a newspaper of general circulation in the county in which the manufactured home is to be sold, the last publication to be not less than twenty days prior to the date of sale; or

  (4)  If no newspaper is published within the county in which said manufactured home is to be sold, then by posting the notice, not less than twenty days prior to the date of sale, on five handbills placed in five different places in the county in which the manufactured home is to be sold and with one of such handbills posted where the manufactured home is located.

  10.  The form of the notice shall be substantially as follows:

"NOTICE

Notice is hereby given that on (insert date), sale will be held at (insert place) to sell the following manufactured home to enforce a lien existing under the laws of the state of Missouri for real estate rental, unless the manufactured home is redeemed prior to the date of sale:

Name of Owner:  Description of Manufacturer's Amount of Lien:

Manufactured Serial Number:

Home:

Name of Lienor:".

  11.  The owner of the manufactured home may redeem the home prior to the sale by payment of all rents due and owing to the real property owner under the rental agreement to the date of sale or payment, whichever is sooner, and payment of actual and necessary expenses incurred in obtaining the lien, including but not limited to reasonable attorney's fees, and necessary expenses of advertising the sale.

  12.  If the manufactured home is not redeemed prior to the date of sale provided in the notice set forth in this section, the real property owner may sell the manufactured home on the day and at the place specified in the notice.  The proceeds of sale shall be distributed in the following order:

  (1)  To the satisfaction of real property owner's past-due rent and reimbursement of its actual and necessary expenses incurred in obtaining the lien and lien title, including attorney's fees and the necessary expenses of advertising the sale provided for in this section;

  (2)  The excess, if any, shall be paid to the manufactured homeowner.

­

If the manufactured homeowner cannot be located within thirty days of the date of sale, the excess, if any, shall be deposited with the county treasurer of the county in which the home was sold and in the case of a sale within a city not within a county with its treasurer, together with a sworn statement containing the name of the owner, description of the manufactured home by manufacturer's serial number, amount of lien, sale price, name of purchaser, and costs and manner of advertising.

  13.  Such treasurer shall credit such excess to the general revenue fund of the county or a city not within a county, subject to the right of the owner to reclaim the same at any time within three years of the date of such deposit with the treasurer, after presentation of proper evidence of ownership and obtaining an order of the county commission, or comptroller of a city not within a county, directed to said treasurer for the return of such excess deposit.

  14.  Any lienor failing to or refusing to deliver to such treasurer the excess proceeds of sale together with a sworn statement as required in this section within thirty days after such sale shall be liable for double the excess of proceeds of such sale, to be recovered in any court of competent jurisdiction by civil action.

  15.  The real property owner's compliance with the requirements of this section shall be a perpetual bar to any action against such owner of real property by any person for the recovery of the manufactured home or its value or of any damages growing out of the taking of possession and sale of such manufactured home.

  16.  The real property owner may be a purchaser at the public sale conducted under this section.

  17.  The provisions of this section shall not apply to a manufactured home which is real estate as defined in subsection 7 of section 442.015.

­­--------

(L. 1992 H.B. 1434 & 1490 § 10 subsecs. 2, 3, A.L. 1995 H.B. 414, A.L. 2010 S.B. 630)

Effective 3-01-11