05 LC 29
1734
Senate
Bill 253
By:
Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von
Bremen of the 12th and Hamrick of the 30th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to manufactured or mobile homes, so as to change
certain provisions relating to requirements for Certificate of Permanent
Location; to change certain provisions relating to recording documents in
connection with a Certificate of Permanent Location; to provide alternative
methods for obtaining a Certificate of Permanent Location; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to manufactured or mobile homes, is amended by striking Part
4 and inserting in lieu thereof the following:
"Part
4
Subpart 1
Subpart 1
8-2-180.
As
used in this part, the term:
(1)
'Clerk of superior court' means the clerk of the superior court of the county in
which the property to which the home is or is to be affixed is
located.
(2)
'Commissioner of motor vehicle safety' includes any county tax commissioner when
so authorized by the commissioner of motor vehicle safety to act on his or her
behalf in carrying out the responsibilities of this part.
(3)
'Home' means a manufactured home
or mobile
home.
(4)
'Manufactured home' has the meaning specified in paragraph (4) of Code Section
8-2-160.
(5)
'Mobile home' has the meaning specified in paragraph (6) of Code Section
8-2-160.
8-2-181.
(a)
A
Except as
provided in subsection (a.1) of this Code section,
a manufactured home
or mobile
home shall constitute personal property
and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3
of Title 40, until such time as the home is converted to real property as
provided for in this part.
(b)
A manufactured home
or mobile
home shall become real property
if:
(1)
The home is or is to be permanently affixed on real property and one or more
persons with an ownership interest in the home also has an ownership interest in
such real property; and
(2)
The owner of the home and the holders of all security interests therein execute
and file a Certificate of Permanent Location:
(A)
In the real estate records of the county where the real property is located;
and
(B)
With the commissioner of motor vehicle
safety,
provided the owner of the home has been issued a certificate of
title.
(c)
The Certificate of Permanent Location shall be in a form prescribed by the
commissioner of motor vehicle safety and shall include:
(1)
The name and address of the owner of the home;
(2)
The names and addresses of the holders of any security interest in and of any
lien upon the home;
(3)
The title number assigned to the home
or the
manufacturer´s certificate of
origin;
(4)
A description of the real estate on which the home is or is to be located,
including the name of the owner and a reference by deed book and page number to
the chain of title of such real property; and
(5)
Any other data the commissioner of motor vehicle safety prescribes.
8-2-182.
(a)
When a Certificate of Permanent Location is properly filed with the clerk of
superior court, the clerk shall record such certificate in the same manner as
other instruments affecting the real property described in the certificate and
shall charge and collect the fees usually charged for recording deeds and other
instruments relating to real estate. Such certificate shall be indexed under the
name of the current owner of the real property in both the grantor and grantee
indexes. The clerk shall provide the owner with a certified copy of the
certificate
Certificate of
Permanent Location, reflecting its filing,
and shall charge and collect the fees usually charged for the provision of
certified copies of documents relating to real estate.
(b)
Upon receipt of a certified copy of a properly executed Certificate of Permanent
Location, along with the certificate of title,
if
applicable, the commissioner of motor
vehicle safety shall file and retain a copy of such
certificate
Certificate of
Permanent Location together with all other
prior title records related to the home. When a properly executed
certificate
Certificate of
Permanent Location has once been filed,
the commissioner of motor vehicle safety shall accept no further title filings
with respect to that home, except as may be necessary to correct any errors in
the department´s records and except as provided in Subparts 2 and 3 of this
part.
(c)
When a Certificate of Permanent Location is so filed, the commissioner of motor
vehicle safety shall issue to the clerk of the superior court with whom the
original Certificate of Permanent Location was filed confirmation by the
commissioner of motor vehicle safety that the
certificate
Certificate of
Permanent Location has been so filed and
the certificate of title has been surrendered.
(d)
Upon receipt of confirmation of the filing of the Certificate of Permanent
Location from the commissioner of motor vehicle safety
or upon
receipt of the manufacturer´s certificate of origin as provided in
subsection (a.1) of Code Section 8-2-181,
the clerk of superior court shall provide a copy of the Certificate of Permanent
Location to the appropriate board of tax assessors or such other local official
as is responsible for the valuation of real property.
8-2-183.
(a)
When a Certificate of Permanent Location has been properly filed with the clerk
of superior court, a certified copy thereof properly filed with the commissioner
of motor vehicle safety
if
applicable, and the certificate of
title, if
any, is surrendered, the home shall become
for all legal purposes a part of the real property on which it is located.
Without limiting the generality of the foregoing, the home shall be subject to
transfer by the owner of the real property, subject to any security interest in
the real property and subject to foreclosure of any such interest, in the same
manner as and together with the underlying real property.
(b)
When a home has become a part of the real property as provided in this part, it
shall be unlawful for any person to remove such home from the real property
except with the written consent of the owner of the real property and the
holders of all security interests in the real property and in strict compliance
with the requirements of Subpart 2 of this part. Any person who violates this
subsection shall be guilty of a misdemeanor of a high and aggravated
nature.
Subpart
2
8-2-184.
(a)
A home which has previously become real property shall become personal property
if:
(1)
The manufactured home
or mobile
home is or is to be removed from the real
property with the written consent of the owner of the real property and the
holders of all security interests therein; and
(2)
The owner of the real property and the holders of all security interests therein
execute and file a Certificate of Removal from Permanent Location:
(A)
With the commissioner of motor vehicle safety; and
(B)
In the real estate records of the county where the real property is
located.
(b)
The Certificate of Removal from Permanent Location shall be in a form prescribed
by the commissioner of motor vehicle safety and shall include:
(1)
The name and address of the owner;
(2)
The names and addresses of the holders of any security interest and of any
lien;
(3)
The title number formerly assigned to the home;
(4)
A description of the real estate on which the home was previously located,
including the name of the owner and a reference by deed book and page number to
the recording of the former certificate of permanent location; and
(5)
Any other data the commissioner of motor vehicle safety prescribes.
8-2-185.
(a)
Upon receipt of a properly executed Certificate of Removal from Permanent
Location, the commissioner of motor vehicle safety shall file and retain a copy
of such certificate together with all other prior title records related to the
home and may thereafter issue a new certificate of title for the home. The
commissioner of motor vehicle safety shall charge and collect the fee otherwise
prescribed by law for the issuance of a certificate of title.
(b)
When a Certificate of Removal from Permanent Location is so filed, the
commissioner of motor vehicle safety shall return to the filing party the
original of the certificate containing thereon confirmation by the commissioner
of motor vehicle safety that the certificate has been so filed.
8-2-186.
(a)
The clerk of superior court shall not accept a Certificate of Removal from
Permanent Location for filing unless the certificate contains thereon the
confirmation by the commissioner of motor vehicle safety that the certificate
has been filed with the commissioner of motor vehicle safety.
(b)
When a Certificate of Removal from Permanent Location is properly filed with the
clerk of superior court, the clerk shall record such certificate in the same
manner as other instruments affecting the real property described in the
certificate and shall charge and collect the fees usually charged for recording
deeds and other instruments relating to real estate. Such certificate shall be
indexed under the name of the current owner of the real property in both the
grantor and grantee indexes.
Subpart
3
8-2-187.
(a)
When a home which has previously become real property has been or is to be
destroyed, the owner of the real property and the holders of all security
interests therein shall execute and file a Certificate of
Destruction:
(1)
With the commissioner of motor vehicle safety; and
(2)
In the real estate records of the county where the real property is
located.
(b)
The Certificate of Destruction shall be in a form prescribed by the commissioner
of motor vehicle safety and shall include:
(1)
The name and address of the owner;
(2)
The names and addresses of the holders of any security interest and of any
lien;
(3)
The title number formerly assigned to the home;
(4)
A description of the real estate on which the home was previously located,
including the name of the owner and a reference by deed book and page number to
the recording of the former certificate of permanent location;
(5)
Verification of the destruction by a law enforcement officer; and
(6)
Any other data the commissioner of motor vehicle safety prescribes.
8-2-188.
(a)
Upon receipt of a properly executed Certificate of Destruction, the commissioner
of motor vehicle safety shall file and retain a copy of such certificate
together with all other prior title records related to the home.
(b)
When a Certificate of Destruction is so filed, the commissioner of motor vehicle
safety shall issue to the filing party the original of the certificate
containing thereon confirmation by the commissioner of motor vehicle safety that
the certificate has been so filed.
8-2-189.
(a)
The clerk of superior court shall not accept a Certificate of Destruction for
filing unless the certificate contains thereon the confirmation by the
commissioner of motor vehicle safety that the certificate has been filed with
the commissioner of motor vehicle safety.
(b)
When a Certificate of Destruction is properly filed with the clerk of superior
court, the clerk shall record such certificate in the same manner as other
instruments affecting the real property described in the certificate and shall
charge and collect the fees usually charged for recording deeds and other
instruments relating to real estate. Such certificate shall be indexed under the
name of the current owner of the real property in both the grantor and grantee
indexes.
Subpart
4
8-2-190.
A
manufactured
or
mobile home which constitutes real
property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall
instead be taxed as real property and a part of the underlying real
estate.
8-2-191.
The
commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing
under this part.
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.