32-20-44
Section 32-20-44 Satisfaction. (a) Upon the satisfaction of a security interest in a
manufactured home for which the certificate of title is in the possession of the lienholder,
he or she, within 10 days after demand, shall execute a release of his or her security interest,
in the space provided therefor on the certificate or as the department prescribes, and mail
or deliver the certificate and release to the next lienholder named therein, or, if none,
to the owner or any person who delivers to the lienholder an authorization from the owner
to receive the certificate. The owner, other than a dealer holding the manufactured home for
resale, shall promptly cause the certificate and release to be mailed or delivered to the
department, which shall release the lienholder's rights on the certificate or issue a new
certificate. (b) Upon the satisfaction of a security interest in a manufactured home for which
the certificate of title is in the possession of a prior lienholder, the lienholder...
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32-20-23
Section 32-20-23 Application requirements. (a) The application for the certificate of
title of a manufactured home in this state shall be made by the owner to a designated agent,
on the form the department prescribes, and shall contain all of the following: (1) The name,
current residence, and mailing address of the owner. (2) A description of the manufactured
home including the following data: Year, make, model, manufactured home identification number,
and whether new or used. (3) The date of purchase by applicant, the name and address of the
person from whom the manufactured home was acquired, and the names and addresses of any lienholders
in the order of their priority and the dates of their security agreements. (4) Other information
that the department may require. (b) If the application is for a manufactured home purchased
from a dealer, it shall contain the name and address of any lienholder holding a security
interest created or reserved at the time of the sale and the date of...
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32-20-31
Section 32-20-31 Transfer of interest by dealer. (a) If a dealer buys a manufactured
home and holds it for resale and procures the certificate of title from the owner or the lienholder
he or she need not send the certificate to the department but, upon transferring the manufactured
home to another person other than by the creation of a security interest, shall promptly execute
the assignment and warranty of title by a dealer, showing the names and addresses of the transferee
and of any lienholder holding a security interest created or reserved at the time of the resale
and the date of his or her security agreement, in the spaces provided therefor on the certificate
or as the department prescribes, and mail or deliver the certificate to a designated agent
with the transferee's application for a new certificate. (b) Every dealer shall maintain for
five years a record in the form the department prescribes of every manufactured home bought,
sold, or exchanged by him or her or received by...
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32-20-32
Section 32-20-32 Involuntary transfer of interest. (a) If the interest of an owner in
a manufactured home passes to another other than by voluntary transfer, the transferee, except
as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated
agent the last certificate of title, if available, and proof of the transfer, together with
his or her application for a new certificate in the form the department prescribes. If the
interest of an owner in a manufactured home passes to another other than by voluntary transfer,
and the manufactured home is permanently affixed to the real property and the owner of the
manufactured home and the real property are the same then the transferee, except as hereinafter
provided in subsection (b), shall promptly mail or deliver to a designated agent the last
certificate of title, if available, and proof of the transfer, together with his or her application
for a certificate of cancellation in the form the department prescribes....
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32-20-41
Section 32-20-41 Perfection of security interest. (a) Unless excepted by this section,
a security interest in a manufactured home 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 manufactured home unless perfected as provided in this article or previously
perfected under the terms of Chapter 8 of this title. (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 or her 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. (Act 2009-746, p. 2236, §4; Act 2017-442, §2 (b)(4).)...
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32-20-24
Section 32-20-24 Acceptance of application where ownership of manufactured home in question.
If the department is not satisfied as to the ownership of the manufactured home or that there
are no undisclosed security interests in it, the department may accept the application but
shall do either of the following: (1) Withhold issuance of a certificate of title until the
applicant presents documents reasonably sufficient to satisfy the department as to the applicant's
ownership of the manufactured home and that there are no undisclosed security interests on
it. (2) As a condition of issuing a certificate of title or certificate of cancellation, require
the applicant to file with the department a bond in a form prescribed by the department and
executed by the applicant, and either accompanied by the deposit of cash with the department
or also executed by a person authorized to conduct a surety business in this state. The bond
shall be in an amount equal to fifty thousand dollars ($50,000)...
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32-8-41
Section 32-8-41 Delivery of certificate. The certificate of title shall be mailed to
the first lienholder named in it or, if none, to the owner. If the certificate of title is
issued electronically, the designated agent that processed the application, at the time of
issuance, shall provide the owner with a printed copy of the electronic certificate of title
record. (Acts 1973, No. 765, p. 1147, §9; Acts 1985, No. 85-705, p. 1158, §2; Act 2009-281,
p. 472, §1.)...
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32-20-26
Section 32-20-26 Certificate contents. (a) Each certificate of title issued by the department
shall contain all of the following: (1) The date issued. (2) The name and current address
of the owner. (3) The names and addresses of any lienholders in the order of priority as shown
on the application, or if the application is based on a certificate of title, as shown on
the certificate. (4) The title number. (5) A description of the manufactured home including
the following data: Year, make, model, manufactured home identification number, and whether
new or used. (6) Any other data the department prescribes. (b) The certificate of title shall
contain forms for assignment and warranty of title by the owner, and for assignment warranty
of title by a dealer, and may contain forms for applications for a certificate of title by
a transferee, the naming of a lienholder and the assignment or release of the security interest
by a lienholder. (c) A certificate of title issued by the department is...
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32-20-30
Section 32-20-30 Transfer of interest by owner. (a) If an owner transfers his or her
interest in a manufactured home, other than by the creation of a security interest, he or
she shall, at the time of the sale of the manufactured home, execute an assignment and warranty
of title to the transferee in the space provided therefor on the certificate or as the department
prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee
or to the department. (b) Except as provided in this section, the transferee promptly,
after delivery to him or her of the manufactured home, shall execute the application for a
new certificate of title in the space provided therefor on the certificate or as the department
prescribes, and cause the certificate and application to be mailed or delivered to a designated
agent. (c) Upon request of the owner or transferee, a lienholder in possession of the certificate
of title, unless the transfer was in breach of his or her security...
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32-20-3
Section 32-20-3 Powers and duties of department. (a) The department shall prescribe
and provide suitable forms of applications, certificates of title, notices of security interests,
and all other notices and forms necessary to carry out the provisions of this chapter. (b)
The department may do any of the following: (1) Make necessary investigations to procure information
required to carry out the provisions of this chapter. (2) Adopt and enforce reasonable rules
and regulations to carry out the provisions of this chapter, including rules that allow alternative
methods of proof of satisfaction of liens. (3) Assign a new identification number to a manufactured
home if it has none, or its identification number is destroyed or obliterated and shall issue
a new certificate of title showing the new identification number. (4) Revoke the authority
of a dealer or other person appointed by the department to act as a designated agent under
this chapter when it finds that the dealer or other...
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