HB 924 -- Manufactured Homes

Sponsor:  Sutherland

This bill changes the laws regarding manufactured homes.  In its
main provisions, the bill:

(1)  Authorizes the Missouri Public Service Commission to
suspend, revoke, or place on probation the license of a
manufactured home dealer for failure to obtain a written notice
signed and dated by the purchaser of a used manufactured home or
modular unit which states that the commission does not regulate
the setup of used manufactured homes and modular units;

(2)  Allows owners of manufactured homes who own the home as
joint tenants with the right of survivorship or as tenants by the
entirety to receive, upon application and payment of a fee, a
certificate of ownership in beneficiary form from the Department
of Revenue to transfer ownership upon death to the beneficiaries
with the right of survivorship or as tenants by the entirety;

(3)  Allows the owner to revoke the certificate of ownership or
change beneficiaries.  The certificate may be revoked by the sale
of the home or by filing an application to reissue the
certificate with no designation or a different designation of a
beneficiary;

(4)  Requires the department director to issue a new certificate
of ownership to the surviving owners or beneficiaries upon proof
of the owner's death, surrender of the outstanding certificate,
and payment of a fee;

(5)  Requires lienholders to notify the department director
within 10 business days of any release of a lien if an electronic
certificate of ownership is being held by the department
director;

(6)  Requires the holder of any security interest in a
manufactured home to verify that he or she has paid all past due
rent which the holder is obligated to pay to the landowner if the
home was repossessed;

(7)  Specifies what determines an abandoned manufactured home
that is located on another person's property;

(8)  Changes the process for enforcing liens for unpaid rent
against a manufactured home.  Landowners must provide the
homeowner notice prior to enforcing the lien and give him or her
the opportunity to pay any rent owed.  The notice must advise the
owner of his or her legal rights to contest the lien; and if the
owner does not redeem the home within 30 days from the date of
mailing the notice and no petition has been filed to contest the
lien within 10 days of the receipt of the notice, the real
property owner may apply for a lien title;

(9)  Authorizes the real property owner to begin proceedings to
sell the home within 30 days of receipt of the lien title;

(10)  Requires the homeowner to be given at least 20 days' notice
of the sale of the home;

(11)  Specifies how the proceeds of the sale are to be
distributed;

(12)  Allows homeowners to contest liens brought by the real
property owners by filing a petition in the appropriate associate
circuit court; and

(13)  Prohibits perfected lienholders or homeowners of abandoned
manufactured homes located on property which is being leased from
removing the home until the landlord is paid any rent owed.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am