HB-5045, As Passed Senate, May 10, 2006
July 6, 2005, Introduced by Rep. Schuitmaker and referred to the Committee on Banking and Financial Services.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 30b and 30c (MCL 125.2330b and 125.2330c).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30b. (1) The department upon receipt of the required
application and fees shall issue a certificate of title except as
otherwise provided.
(2) The certificate of title shall contain upon its face the
date issued, the name and address of the owner, a description of
the mobile home as determined by the department, a statement of all
security interests in the mobile home as set forth in the
application, the date on which the application was filed, and other
information as the department may require.
(3)
The certificate of title shall contain
upon the reverse
side
forms for assignment of title or interest and
warranty of
title by the owner with space for notation of security interests in
the mobile home at the time of a transfer to be signed in ink, and
other forms as the department may consider necessary to facilitate
the effective administration of this section. The certificate shall
bear the seal of the department.
(4) The certificate of title shall be mailed or delivered to
the owner or other person as the owner may direct in a separate
instrument, in the form as the department shall prescribe.
Sec. 30c. (1) If the owner of a mobile home transfers or
assigns the owner's title or interest to the mobile home, the owner
shall
indorse on the back of the certificate of title an
assignment of the mobile home with warranty of title with a
statement of all security interests in the mobile home, and shall
cause the certificate to be mailed or delivered to the department
or to the purchaser or transferee at the time of the delivery to
the purchaser or transferee of the mobile home.
(2) Upon the delivery of a mobile home and the transfer, sale,
or assignment of the title or interest in a mobile home, the
effective date of the transfer of title or interest shall be the
date of execution of either the application for title or the
certificate of title.
(3) The purchaser or transferee, unless the purchaser or
transferee is a licensed dealer, shall cause to be presented to the
department the certificate of title accompanied by the applicable
fee, as follows:
(a) Except as provided in subdivision (b) or (c), $45.00.
(b) Except as provided in subdivision (c), $15.00, if the
sale, assignment, or other transfer will require the addition or
deletion from the certificate of title of any of the following:
(i) The owner's spouse.
(ii) A person related to the owner within the fourth degree of
consanguinity as computed by the civil law method.
(iii) A person related to the owner's spouse within the fourth
degree of consanguinity as computed by the civil law method.
(c) Any other lesser amount established pursuant to section
9(5).
(4) Upon presentation of the certificate of title accompanied
by the applicable fee, a new certificate of title shall be issued.
A certificate of title issued under subsection (3) and this
subsection shall be mailed or delivered to the owner or any other
person the owner may direct in a separate instrument in a form as
prescribed by the department.
(5) If a security interest is reserved or created at the time
of the transfer, the parties shall comply with section 30d.
(6) If the transferee of a mobile home is a mobile home dealer
who holds the mobile home for resale, the dealer shall not be
required to forward the certificate of title to the department, but
the dealer shall retain possession of the assigned certificate of
title. Upon transfer of the dealer's title or interest to another
person, the dealer shall execute and acknowledge an assignment and
warranty of title upon the certificate of title and deliver it to
the person to whom the transfer is made if the person is a licensed
dealer; otherwise application for a new title shall be made by the
transferor as provided in section 30a(1).