Section 700.528

Title XLI CODES AND STANDARDS

Chapter 700

Effective - 01 Mar 2011, see footnote   

  700.528.  Contest of lien, procedure. — 1.  The owner of the abandoned manufactured home, within ten days of the mailing of the real property owner's notification provided for in subsection 3 of section 700.527, may file a petition in the associate circuit division of circuit court in the county in which the abandoned manufactured home is located to contest the real property owner's lien.  The petition shall name the real property owner as a defendant.  The director of revenue shall not be a party to such petition, but a copy of the petition shall be served on the director who shall not issue a lien title to such abandoned manufactured home until the court by judgment upholds the lien or until the homeowner's petition is dismissed.

  2.  Upon the filing of the petition in the associate circuit division of circuit court, the owner may have the manufactured home released from the lien upon posting with the court, for the benefit of the real property owner, a cash or surety bond or other adequate security equal to the amount of the rental charges due and those which will accrue during the term of the proceedings to ensure payment of such rent in the event the manufactured homeowner does not prevail.  Upon posting of the bond, the court shall issue an order notifying the real property owner of the posting of the bond and directing the real property owner to release the manufactured home to its owner.  The court shall then proceed to determine the parties' rights to the proceeds of the bond.

  3.  If the court determines the homeowner owes unpaid rent under the rent agreement, the court shall give judgment to the real property owner in the sum of the unpaid rent, declare a lien in the real property owner's favor against the manufactured home, or if bond has been posted, order that so much of the bond proceeds as are necessary to satisfy the judgment to be immediately paid to the real property owner.  The real property owner shall enforce the lien for the unpaid rent by submitting an application for lien title in the form and containing the information required by section 700.527.  The real property owner shall attach to the application for lien title a copy of the judgment rendered by the associate circuit court.  The homeowner may satisfy the lien by paying the amount set out in the judgment together with statutory judgment interest.

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(L. 2010 S.B. 630)

Effective 3-01-11