HCS HB 1584 -- MANUFACTURED HOMES

SPONSOR:  Cunningham (Jones, 117)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Financial
Institutions by a vote of 12 to 0.

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

(1)  Requires a manufactured home to be permanently affixed if it
is anchored to real estate by attachment to a permanent
foundation and connected to residential utilities to qualify as
real property and requires an affidavit of affixation to contain
certain specified information and to be filed with the recorder
of deeds of the county in which the real estate is located;

(2)  Allows a manufactured home once deemed to be real estate to
be governed by the laws applicable to real estate;

(3)  Requires a certified copy of an affidavit of severance to be
filed with the Director of the Department of Revenue when a
manufactured home is removed from its permanent foundation
stating the name, residence, and mailing address of the owner as
well as the property description and any information that could
affect the validity of the title of the manufactured home or the
existence of a security interest or lien;

(4)  Prohibits the department director from issuing a certificate
of title to a manufactured home when an affidavit of affixation
has been recorded.  The issuance is only allowed upon the
recording of an affidavit of severance.  The department director
must maintain a record of each affidavit of affixation and each
affidavit of severance;

(5)  Requires the department to establish standard affidavit of
affixation forms, affidavit of severance forms, and confirmation
of conversion forms that comply with the provisions of Section
700.111, RSMo;

(6)  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 sold by
the dealer;

(7)  Requires a lienholder 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;

(8)  Requires the holder of any security interest in a
manufactured home to verify to the department 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;

(9)  Specifies the conditions which determine a manufactured home
to be abandoned when located on another person's property;

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

(11)  Authorizes the landowner to begin proceedings to sell a
home within 30 days of receipt of the lien title;

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

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

(14)  Allows an owner of an abandoned manufactured home to
contest a lien brought by the landowner by filing a petition
within 10 days of the mailing of the notice in the appropriate
circuit court; and

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

The provisions regarding a manufactured home as real property
become effective no later than March 1, 2011.

FISCAL NOTE:  Estimated Income on General Revenue Fund of Less
than $100,000 in FY 2011, FY 2012, and FY 2013.  No impact on
Other State Funds in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that the bill will help consumers
purchase manufactured homes by allowing the home to be treated as
real property so lenders can write mortgage loans for them.
Currently, a manufactured home is treated as personal property so
a mortgage loan cannot be obtained.

Testifying for the bill were Representative Jones (117); Missouri
Land Title Association; Missouri Association of Realtors;
Missouri Manufactured Housing Association; Recorders' Association
of Missouri; Missouri Financial Services Association; Mortgage
Bankers Association of Missouri; Missouri Credit Union
Association; and Missouri Bankers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm