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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32-20-41
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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32-20-25
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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33-5-16
Section 33-5-16 Certificates of registration and numbers generally - Transfer of interest or destruction or abandonment of vessel; change of address; duplicate registration certificates. (a) The owner shall furnish the Department of Conservation and Natural Resources notice of the transfer of all or any part of his or her interest other than the creation of a security interest in a vessel numbered in this state pursuant to this article or of the destruction or abandonment of such vessel within 15 days thereof. Such transfer, destruction, or abandonment shall terminate the certificate for such vessel; except, that in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate. (b) Any holder of a certificate shall notify the Department of Conservation and Natural Resources within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part...
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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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32-20-4
Section 32-20-4 Transaction fees. (a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each unit of a manufactured home required to be titled under Section 32-20-20 for the following transactions: (1) Each application for certificate of title. (2) Each application for replacement or corrected certificate of title. (3) Each application for certificate of title after transfer. (4) Each notice of security interest. (5) Each assignment by lienholder. (6) Each application for cancellation of a certificate of origin or certificate of title. (7) Each application for information as to the status of the title of a manufactured home. Such information shall be treated in the same manner as prescribed by state and federal statutes, rules, and regulations regarding the confidentiality and disclosure of motor vehicle records. (b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each...
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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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32-20-26
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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32-8-6
Section 32-8-6 Transaction fees; commissions; disposition of funds; disclosure of information. (a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each of the following transactions: (1) Each application for certificate of title; (2) Each application for replacement or corrected certificate of title; (3) Each application for certificate of title after transfer; (4) Each notice of security interest; (5) Each assignment by lienholder; (6) Each application for ordinary certificate of title upon surrender of a distinctive certificate; or (7) Each application for the title history on a vehicle. (b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each transaction, as specified in subsection (a), processed for which this fee is charged to be retained as the agent's commission for services rendered, and all other fees collected shall be remitted to the department in a manner...
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32-8-39
Section 32-8-39 Contents and effect of certificate. (a) Each certificate of title issued by the department shall contain: (1) The date issued; (2) The current legal 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 vehicle including the following data: year, make, model, vehicle identification number, type of body, number of cylinders, whether new or used and if a new vehicle the date of the first sale of the vehicle for use; and (6) Any other data the department prescribes. (b) Unless security is furnished as provided in Section 32-8-36, a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country, the laws of which do not require that lienholders be named on a certificate of title to perfect their security...
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