32-20-25
Section 32-20-25 Issuance of certificate. (a) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the manufactured home on the form prescribed by the department. (b) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter: (1) Under a distinctive title number assigned to the manufactured home. (2) Under the manufactured home identification number. (3) Under the name of the owner. (4) In the discretion of the department, by any other method the department determines. (Act 2009-746, p. 2236, §4.)...
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32-20-43
Section 32-20-43 Assignment. (a) A lienholder may assign, absolutely or otherwise, his or her security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of such security interest, but any person without notice of the assignment is protected in dealing with the lienholder of the security interest and 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. (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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32-20-48
Section 32-20-48 Filing of notice; maintenance of records. (a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department as follows: (1) Alphabetically, under the name of the owner. (2) Under the manufactured home identification number. (3) Under the certificate of title number. (4) In the discretion of the department, by any other method it determines. (b) The department, before issuing or reissuing a certificate of title, shall check the name of the owner and the certificate of title number of the manufactured home against the record provided for in subsection (a). (Act 2009-746, p. 2236, §4.)...
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32-20-34
Section 32-20-34 Suspension or revocation of certificate. (a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds either of the following: (1) The certificate of title was fraudulently procured or erroneously issued. (2) The manufactured home has been scrapped, dismantled, or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the department suspends or revokes a certificate of title, the owner or person in possession of it, immediately upon receiving notice of the suspension or revocation, shall mail or deliver the certificate to the department. (d) Should any person fail to comply with the provisions of subsection (c) the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on...
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32-8-35
Section 32-8-35 Application for first certificate. (a) The application for the first certificate of title of a vehicle 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 current legal name, current residence, and current mailing address of the owner. (2) A description of the vehicle including the following data: Year, make, model, vehicle identification number, type of body, the number of cylinders, color, and whether new or used. (3) The date of purchase by applicant, the name and address of the person from whom the vehicle 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 vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the...
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32-8-43
Section 32-8-43 Certificates lost, stolen, mutilated, etc. (a) If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the fee as hereinafter required. The replacement certificate of title shall contain the legend, "This is a replacement certificate and may be subject to the rights of a person under the original certificate." It shall be mailed to the first lienholder named in it, or, if none, to the owner. (b) The department shall not issue a new certificate of title to a transferee upon application made on a replacement certificate until 15 calendar days after the issuance date of the surrendered replacement title. (c) A person recovering an original certificate of...
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32-20-29
Section 32-20-29 Replacement certificate. (a) If a certificate of title issued under this chapter or previously issued under Chapter 8 of this title is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the fee as hereinafter required. The replacement certificate of title shall contain the legend, "This is a replacement certificate and may be subject to the rights of a person under the original certificate." It shall be mailed to the first lienholder named in it, or, if none, to the owner. (b) The department shall not issue a new certificate of title to a transferee upon application made on a replacement certificate until 15 calendar days after the issuance date of the surrendered replacement...
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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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32-20-28
Section 32-20-28 Grounds for refusal. The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists: (1) The applicant is not the owner of the manufactured home. (2) The application contains a false or fraudulent statement. (3) The applicant fails to furnish required information or documents or any additional information the department reasonably requires. (Act 2009-746, p. 2236, §4.)...
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