March 15, 2005, Introduced by Reps. Wenke, Schuitmaker and Gaffney 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 section 30i (MCL 125.2330i), as added by 2003 PA 44.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30i. (1) If a mobile home is affixed to real property in
which the owner of the mobile home has the ownership interest, the
owner may deliver all of the following to the department:
(a) An affidavit of affixture on a form provided by the
department that contains all of the following:
(i) The name and address of the owner.
(ii) A description of the mobile home that includes the name of
the manufacturer of the mobile home, the year of manufacture, the
model, the manufacturer's serial number and, if applicable, the
number assigned by the department.
(iii) A statement that the mobile home is affixed to the real
property.
(iv) The legal description of the real property to which the
mobile home is affixed.
(v) The name of each holder of a security interest in the
mobile home, together with the written consent of each holder to
the termination of the security interest and the cancellation of
the certificate of title under subsection (2), if applicable.
(b) The certificate of title for the mobile home, the
manufacturer's certificate of origin if a certificate of title has
not been issued by the department, or sufficient proof of ownership
as provided in section 30a or 30e.
(c) A fee in an amount prescribed in section 30a for a
certificate of title.
(2) When the department receives an affidavit and certificate
of title under subsection (1), the department shall cancel the
certificate of title for the mobile home. The department shall not
issue a certificate of title for a mobile home described in
subsection (1) except as provided in subsection (8).
(3) The owner of the mobile home shall deliver a duplicate
original of the executed affidavit under subsection (1) to the
register of deeds for the county in which the real property is
located. The register of deeds shall record the affidavit.
(4) The department shall maintain the affidavit under
subsection (1) for a period of 10 years from the date of filing.
(5) When the department receives an affidavit under subsection
(1), the mobile home is considered to be part of the real property,
sections 30 to 30h do not apply to that mobile home, any security
interest in the mobile home is terminated, a lienholder shall
perfect and enforce a new security interest or lien on the mobile
home only in the manner provided by law for perfecting and
enforcing a lien on real property, and the owner may convey the
mobile home only as part of the real property to which it is
affixed.
(6) If a mobile home is affixed to real property before the
effective date of the amendatory act that added this section, a
person who is the holder of a lien or security interest in both the
mobile home and the real property to which it is affixed on the
effective date of the amendatory act that added this section may
enforce its liens or security interests by accepting a deed in lieu
of foreclosure or in the manner provided by law for enforcing liens
on the real property.
(7) If the holder of a lien or security interest becomes the
owner of a mobile home affixed to real property through the process
of real property foreclosure or through a deed in lieu of
foreclosure under subsection (6), the holder shall submit an
affidavit described in subsection (1) to the department after the
redemption period for the foreclosure expires or the deed in lieu
of foreclosure is recorded and the department shall cancel the
certificate of title for the mobile home.
(8) If an owner of both the mobile home and the real property
described in subsection (1) intends to detach the mobile home from
the real property, the owner shall do both of the following:
(a) Before detaching the mobile home, record an affidavit of
detachment in the office of the register of deeds in the county in
which the affidavit is recorded under subsection (3).
(b) Apply for a certificate of title for the mobile home on a
form prescribed by the department. The application shall include a
duplicate original executed affidavit of detachment and proof that
there are no security interests or liens on the mobile home or the
written consent of each lienholder of record to the detachment and
a fee in the amount prescribed in section 30a for a certificate of
title.
(9) An owner of an affixed mobile home shall not detach it
from the real property before a certificate of title for the mobile
home is issued by the department. If a certificate of title is
issued by the department, the mobile home is no longer considered
part of the real property and sections 30 to 30h apply.
(10) This section applies to all mortgages entered into before
July 14, 2003 and all mortgages entered into on or after July 14,
2003.
(11) (10)
As used in this section:
(a) A mobile home is "affixed" to real property if it meets
all of the following:
(i) The wheels, towing hitches, and running gear are removed.
(ii) It is attached to a foundation or other support system.
(b) "Ownership interest" means the fee simple interest in real
property or an interest as the lessee under a ground lease for the
real property that has a term that continues for at least 20 years
after the recording of the affidavit under subsection (3).