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Title XLI CODES AND STANDARDS

Chapter 700

Effective - 01 Mar 2011, see footnote bottom

  700.529.  Notice of lien — lien amount deemed unpaid rent — no certificate of title until all rent paid. — 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 there exists a lien perfected according to sections 700.350 to 700.380 on the manufactured home which is in default, the owner of the real property shall have a lien for unpaid rental against the manufactured home upon compliance with the provisions of this section by giving notice to the manufactured homeowner and any party with a perfected lien in the abandoned home by certified mail, postage prepaid and return receipt requested.  The notice shall contain the following:

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

  (2)  The name and last known address of the owner of the manufactured home;

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

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

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

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

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

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

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

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

  (11)  That the owner of the manufactured home may redeem the home at any time during business hours by paying all unpaid rent accrued under the terms of the rental agreement through the date of removal of the home from the real property owner's premises and the perfected lienholder may redeem the abandoned manufactured home at any time during business hours by paying all rent specified in the rental agreement which accrues during the period beginning thirty days after this notice has been mailed to the perfected lienholder and continuing to the date the home is removed from real property owner's premises;

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

  (13)  That if the rent due remains unpaid thirty days from the date mailing of the notice and within ten days of mailing of the notice the petition referred to in subdivision (12) of this subsection is not filed to contest the lien, the real property owner shall have a lien against the manufactured home which shall be superior to the perfected lienholder's lien and the amount of the lien shall continue to accrue monthly until the home is removed from real property owner's premises.

  2.  The real property owner's lien and the sum 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 through the date the home is removed from real property owner's premises and the real property owner's lien and the sum which the perfected lienholder shall be obligated to pay to satisfy the lien shall be the unpaid rental specified in the rental agreement which accrues during the period beginning thirty days after the notice specified in this section has been mailed to the lienholder and continuing to the date the home is removed from real property owner's premises.  If an injunction or stay order issued by any court of competent jurisdiction prohibits the lienholder from removing the home, the lienholder's obligation to pay the rent shall abate until the date the injunction or stay order is lifted.

  3.  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 in the rental agreement is paid and the perfected lienholder shall not have the right to remove the home until such time as the lienholder has paid all rent it is obligated to pay to the real property owner under the provisions of this section.

  4.  Until a perfected lienholder has paid all rent it is obligated to pay to the real property owner accrued in the real property owner's favor under the provisions of this section, the director shall not issue a certificate of title or repossession title to the manufactured home to the perfected lienholder.

  5.  The owner of the abandoned manufactured home or the perfected lienholder, within ten days of mailing of the notice specified in subsection 1 of this section, may file a petition in the associate circuit division of the circuit court of the county in which the abandoned manufactured home is located to contest the real property owner's lien.  If the court determines the homeowner or the perfected lienholder owes* unpaid rent, the court shall declare a lien in real property owner's favor and shall separately state the amount of the homeowner or the perfected lienholder's obligation to the date of the judgment.  The homeowner and the perfected lienholder may satisfy the lien by paying the amount set out in the judgment of the court.

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(L. 1992 H.B. 1434 & 1490 § 10 subsec. 4, A.L. 2010 S.B. 630)

Effective 3-01-11

*Word "owe" appears in original rolls.


---- end of effective   01 Mar 2011 ----

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