32-20-47
Section 32-20-47 Electronic transmissions. Notwithstanding any requirement in this chapter that a lien on a manufactured home shall be noted on the face of the certificate of title, if there are one or more liens or encumbrances on the manufactured home, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the manufactured home in a manner as prescribed by the department. A duly certified copy of the department's electronic record of the lien shall be admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the lien. (Act 2009-746, p. 2236, §4.)...
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32-20-21
Section 32-20-21 Issuance excluded. No certificate of title shall be issued for any of the following: (1) A manufactured home owned by the United States or any agency thereof. (2) A manufactured home owned by a manufacturer or licensed manufactured home dealer and held for sale. (3) A manufactured home owned by a nonresident of this state and not located in this state. (4) Manufactured homes designated 1999 and prior year models. (5) Modular homes. (6) A manufactured home situated in this state and permanently affixed to the real property on which it is placed and for which the certificate of title or the manufacturer's certificate of origin has been cancelled pursuant to subsection (b) of Section 32-20-20. (7) Any other manufactured homes as prescribed by the department. (Act 2009-746, p. 2236, §4; Act 2019-239, §1.)...
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32-20-40
Section 32-20-40 Applicability of chapter. This chapter does not apply to or affect any of the following: (1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home. (2) A lien given by statute to the United States, this state, or any political subdivision of this state. (3) A security interest in a manufactured home created by a manufacturer or dealer who holds the manufactured home for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest. (Act 2009-746, p. 2236, §4.)...
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40-12-255
Section 40-12-255 Manufactured homes. (a) Every person, firm, or corporation who owns, maintains or keeps in this state a manufactured home as defined according to subsection (n) of this section, except a manufactured home that constitutes a part of the inventory of a manufacturer or dealer, shall pay an annual registration fee of $24 for an owner occupied single wide (one transportable module) manufactured home, $48 for an owner occupied double wide or larger (two or more transportable modules) manufactured home, $48 for a commercial single wide (one transportable module) manufactured home, or $96 for a commercial double wide or larger (two or more transportable modules) manufactured home, provided, however, that any manufactured home 10 years of age or greater but less than 20 years of age shall pay 75 percent of the above stated fees, and any manufactured home 20 years of age or greater shall pay 50 percent of the above stated fees; and upon payment thereof such owner shall be...
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32-8-63
Section 32-8-63 Assignment by lienholder. (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department. (b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department. (Acts 1973, No. 765, p. 1147, §21.)...
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32-8-12
Section 32-8-12 Offenses constituting felonies. A person is guilty of a Class C felony who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title; (2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes; (3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited; or (4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title. (Acts 1973, No. 765, p. 1147, §44; Act 2009-281, p. 472, §1.)...
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32-8-47
Section 32-8-47 Transfer of ownership - When department to issue new certificate. (a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner. (b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand therefor from the holder thereof. (c) A transferor of a vehicle other than a dealer transferring a new vehicle shall deliver to the transferee at the time of...
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32-8-64.1
Section 32-8-64.1 Satisfaction of security interest after 12 years. Except for liens and security interests listed on certificates of title for manufactured homes, travel trailers, or vehicles that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity with Section 32-8-64, any lien or security interest shall be considered satisfied and release shall not be required after 12 years from the date of the security agreement as recorded on the certificate of title. Nothing in this section shall preclude the perfection of a lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of 12 years, by application for a new certificate of title on which the lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than 12 years for a vehicle other than a manufactured home, travel trailer, or vehicle that...
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32-20-10
Section 32-20-10 Violations - Alterations, forgeries, etc. A person is guilty of a Class C felony who, with fraudulent intent does any of the following: (1) Alters, forges, or counterfeits a certificate of title. (2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes. (3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited. (4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title. (Act 2009-746, p. 2236, §4.)...
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32-8-61
Section 32-8-61 Perfection of security interests. (a) Unless excepted by this section, a security interest in a vehicle for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this article. (b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery. (Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312, p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)...
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