AB807: Bill Text

AB807,6,22 (7) Shall establish a staff for the administration and enforcement of ss. 101.90 to 101.96 this subchapter.

AB807,6,24 (8) May revoke the license of any manufacturer who violates ss. 101.90 to 101.96 this subchapter or any rules promulgated thereunder.

AB807, s. 21 Section 21. 101.9202 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,7,4 101.9202 (1) A lien given by statute or rule of law to a supplier of services or materials for the mobile manufactured home.

AB807, s. 22 Section 22. 101.9202 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,7,10 101.9202 (3) A security interest in a mobile manufactured home created by a mobile manufactured home dealer or manufacturer who holds the mobile manufactured home for sale, which shall be governed by the applicable provisions of ch. 409.

AB807, s. 23 Section 23. 101.9203 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,7,16 101.9203 When certificate of title required. (1) The owner of a mobile manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the mobile manufactured home if the owner has newly acquired the mobile manufactured home.

AB807,7,23 (2) Any owner who situates in this state a mobile manufactured home for which a certificate of title is required without such the certificate of title having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate of title is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.

AB807,8,2 (3) Unless otherwise authorized by rule of the department, a nonresident owner of a mobile manufactured home situated in this state may not apply for a certificate of title under this subchapter unless the mobile manufactured home is subject to a security interest or except as provided in s. 101.9209 (1) (a).

AB807, s. 24 Section 24. 101.9204 (1) (b) to (g) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,8,8 101.9204 (1) (b) A description of the mobile manufactured home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the mobile manufactured home.

AB807,8,11 (c) The date of purchase by the applicant, the name and address of the person from whom the mobile manufactured home was acquired and the names and addresses of any secured parties in the order of their priority.

AB807,8,14 (d) If the mobile manufactured home is a new mobile manufactured home being titled for the first time, the signature of the mobile manufactured home dealer. The document of origin shall contain the information specified by the department.

AB807,8,18 (e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the mobile manufactured home.

AB807,8,22 (f) If the identification number of the mobile manufactured home has been removed, obliterated or altered, or if the original casting has been replaced, or if the mobile manufactured home has not been numbered by the manufacturer, the application for certificate of title shall so state.

AB807,9,2 (g) If the mobile manufactured home is a used mobile manufactured home which was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of the mobile manufactured home, such statement to be in the form that the department prescribes.

AB807, s. 25 Section 25. 101.9205 (1) and (3) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,9,8 101.9205 (1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the mobile manufactured home.

AB807,9,10 (3) The department shall charge a fee of not less than $2 for conducting a file search of mobile manufactured home title records.

AB807, s. 26 Section 26. 101.9206 (1) (c) and (d), (2) (a) 2. and (3) (a) and (b) 1. and 2. of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,9,13 101.9206 (1) (c) The title number assigned to the mobile manufactured home.

AB807,9,15 (d) A description of the mobile manufactured home, including make, model and identification number.

AB807,9,17 (2) (a) 2. Reassignment and warranty of title by a mobile manufactured home dealer.

AB807,9,25 (3) (a) Unless the applicant fulfills the requirements of par. (b), the department shall issue a distinctive certificate of title for a mobile manufactured home last previously registered in another jurisdiction if the laws of the other jurisdiction do not require that secured parties be named on a certificate of title to perfect their security interests. The certificate shall contain the legend "This mobile manufactured home may be subject to an undisclosed security interest" and may contain any other information that the department prescribes. If the department receives no notice of a security interest in the mobile manufactured home within 4 months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.

AB807,10,7 (b) 1. The applicant is a mobile manufactured home dealer and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09, a bank organized under the laws of this state, or a national bank located in this state.

AB807,10,24 2. The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of the mobile manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile manufactured home.

AB807, s. 27 Section 27. 101.9208 (1) (a), (c), (d), (dm) and (g) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,11,4 101.9208 (1) (a) For filing an application for the first certificate of title, $8.50, by the owner of the mobile manufactured home.

AB807,11,7 (c) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $4 by the owner of the mobile manufactured home.

AB807,11,9 (d) For a certificate of title after a transfer, $8.50, by the owner of the mobile manufactured home.

AB807,11,14 (dm) Upon filing an application under par. (a) or (d), a supplemental title fee of $7.50 by the owner of the mobile manufactured home, except that this fee shall be waived with respect to an application under par. (d) for transfer of a decedent's interest in a mobile manufactured home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section.

AB807,11,16 (g) For a replacement certificate of title, $8, by the owner of the mobile manufactured home.

AB807, s. 28 Section 28. 101.9209 (title), (1) to (4) and (5) (a) and (b) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,11,24 101.9209 (title) Transfer of interest in a mobile manufactured home. (1) (a) If an owner transfers an interest in a mobile manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the mobile manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee.

AB807,12,6 (b) Any person who holds legal title of a mobile manufactured home with one or more other persons may transfer ownership of the mobile manufactured home under this subsection if legal title to the mobile manufactured home is held in the names of such persons in the alternative, including a mobile manufactured home held in a form designating the holder by the words "(name of one person) or (name of other person)".

AB807,12,10 (2) Promptly after delivery to him or her of the mobile manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department.

AB807,12,15 (3) A transfer by an owner is not effective until the provisions of this section have been complied with. An owner who has delivered possession of the mobile manufactured home to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from use of the mobile home.

AB807,12,19 (4) Any owner of a mobile manufactured home for which a certificate of title has been issued, who upon transfer of the mobile manufactured home fails to execute and deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.

AB807,12,22 (5) (a) Any transferee of a mobile home who fails to make application for a new certificate of title immediately upon transfer to him or her of a mobile manufactured home may be required to forfeit not more than $200.

AB807,13,2 (b) Any transferee of a mobile manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a mobile manufactured home may be fined not more than $1,000 or imprisoned for not more than 30 days or both.

AB807, s. 29 Section 29. 101.921 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,14,7 101.921 Transfer to or from dealer. (1) (a) Except as provided in par. (b), if a mobile manufactured home dealer acquires a mobile manufactured home and holds it for resale or accepts a mobile manufactured home for sale on consignment, the mobile manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the mobile manufactured home dealer as owner of the mobile manufactured home. Upon transferring the mobile manufactured home to another person, the mobile manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the mobile manufactured home dealer for transmittal to the department when required. The mobile manufactured home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the mobile manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a mobile manufactured home from a mobile manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the mobile manufactured home in this state unless the mobile manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The mobile manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The mobile manufactured home dealer is liable for any damages incurred by the department or any secured party for the mobile manufactured home dealer's failure to perfect a security interest which the mobile manufactured home dealer had knowledge of at the time of sale.

AB807,14,13 (b) Except when all available spaces for a mobile manufactured home dealer's reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a mobile manufactured home dealer who acquires a mobile manufactured home and holds it for resale or accepts a mobile manufactured home for sale on consignment may not apply for a certificate of title naming the mobile manufactured home dealer as owner of the mobile manufactured home.

AB807,14,19 (c) Unless exempted by rule of the department, a mobile manufactured home dealer who acquires a mobile manufactured home and holds it for resale shall make application for a certificate of title naming the mobile manufactured home dealer as owner of the mobile manufactured home when all of the available spaces for a mobile manufactured home dealer's reassignment on the certificate of title for such mobile manufactured home have been completed.

AB807,14,24 (2) Every mobile manufactured home dealer shall maintain for 5 years a record of every mobile manufactured home bought, sold or exchanged, or received for sale or exchange. The record shall be open to inspection by a representative of the department or by a peace officer during reasonable business hours. The dealer shall maintain the record in the form prescribed by the department.

AB807,15,2 (3) Any mobile manufactured home dealer who fails to comply with this section may be required to forfeit not more than $200.

AB807, s. 30 Section 30. 101.9211 (1) to (3), (4) (a) (intro.), (b) 1. (intro.), b. and c. and 2. to 4., (c) and (d) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,15,10 101.9211 (1) If the interest of an owner in a mobile manufactured home passes to another other than by voluntary transfer, the transferee shall, except as provided in sub. (2), promptly mail or deliver to the department the last certificate of title, if available, and the documents required by the department to legally effect such transfer, and an application for a new certificate in the form that the department prescribes.

AB807,15,17 (2) If the interest of the owner is terminated or the mobile manufactured home is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, an application for a new certificate in the form that the department prescribes, and a statement made by or on behalf of the secured party that the mobile manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.

AB807,15,24 (3) A person holding a certificate of title whose interest in the mobile manufactured home has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the department upon request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate, and the action of the department in issuing a new certificate of title is not conclusive upon the rights of an owner or secured party named in the old certificate.

AB807,16,3 (4) (a) (intro.) In all cases of the transfer of a mobile manufactured home owned by a decedent, except under par. (b), ward, trustee or bankrupt, the department shall accept as sufficient evidence of the transfer of ownership all of the following:

AB807,16,7 (b) 1. (intro.) The department shall transfer the decedent's interest in any mobile manufactured home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse which shall state all of the following:

AB807,16,8 b. The approximate value and description of the mobile manufactured home.

AB807,16,10 c. That the spouse is personally liable for the decedent's debts and charges to the extent of the value of the mobile manufactured home, subject to s. 859.25.

AB807,16,11 2. The transfer shall not affect any liens upon the mobile manufactured home.

AB807,16,16 3. Except as provided in subd. 4., this paragraph is limited to no more than 5 mobile manufactured homes titled in this state that are less than 20 years old at the time of the transfer under this paragraph. There is no limit on transfer under this paragraph of mobile manufactured homes titled in this state that are 20 or more years old at the time of transfer under this paragraph.

AB807,16,20 4. The limit in subd. 3. does not apply if the surviving spouse is proceeding under s. 867.03 (1g) and the total value of the decedent's solely owned property in the state, including the mobile manufactured homes transferred under this paragraph, does not exceed $10,000.

AB807,16,23 (c) Upon compliance with this subsection, the department shall bear neither liability nor responsibility for the transfer of such mobile manufactured homes in accordance with this section.

AB807,16,25 (d) This subsection does not apply to transfer of interest in a mobile manufactured home under s. 101.9209 (1) (b).

AB807, s. 31 Section 31. 101.9212 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,17,5 101.9212 (3) The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title of the mobile manufactured home designated therein.

AB807, s. 32 Section 32. 101.9213 (1), (3) and (5) to (8) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,17,11 101.9213 (1) Unless excepted by s. 101.9202, a security interest in a mobile manufactured home of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the mobile manufactured home unless perfected as provided in ss. 101.9202 to 101.9218.

AB807,17,15 (3) If a secured party whose name and address is contained on the certificate of title for a mobile manufactured home acquires a new or additional security interest in the mobile manufactured home, such security interest is perfected at the time of its attachment under s. 409.203.

AB807,17,21 (5) The rules of priority stated in s. 409.312, and the other sections therein referred to, shall, to the extent appropriate, apply to conflicting security interests in a mobile manufactured home of a type for which a certificate of title is required, or in a previously certificated mobile manufactured home, as defined in s. 101.9222 (1). A security interest perfected under this section or under s. 101.9222 (4) or (5) is a security interest perfected otherwise than by filing for purposes of s. 409.312.

AB807,18,2 (6) The rules stated in ss. 409.501 to 409.507 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a mobile manufactured home by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in mobile manufactured homes perfected under ss. 101.9202 to 101.9218.

AB807,18,5 (7) If a mobile manufactured home is subject to a security interest when brought into this state, s. 409.103 (1), (2) and (3) states the rules which apply to determine the validity and perfection of the security interest in this state.

AB807,18,12 (8) Upon request of a person who has perfected a security interest under this section, as shown by the records of the department, in a mobile manufactured home titled in this state, whenever the department receives information from another state that the mobile manufactured home is being titled in the other state and the information does not show that the security interest has been satisfied, the department shall notify the person. The person shall pay the department a $2 fee for each notification.

AB807, s. 33 Section 33. 101.9214 (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,18,18 101.9214 Duties on creation of security interest. (intro.) If an owner creates a security interest in a mobile manufactured home, unless the name and address of the secured party already is contained on the certificate of title for the mobile manufactured home:

AB807, s. 34 Section 34. 101.9215 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,19,2 101.9215 (1) A secured party may assign, absolutely or otherwise, the party's security interest in the mobile manufactured home to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.

AB807, s. 35 Section 35. 101.9216 (1), (2) and (4) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,19,15 101.9216 (1) Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a mobile manufactured home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

AB807,19,20 (2) The owner, other than a mobile manufactured home dealer holding the mobile manufactured home for resale, upon receipt of the release and notice of obligation shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate.

AB807,19,24 (4) Removal of information pertaining to a security interest from the records of the department under sub. (3) does not affect any security agreement between the owner of a mobile manufactured home and the holder of security interest in the mobile manufactured home.

AB807, s. 36 Section 36. 101.9217 (2) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB807,20,10 101.9217 (2) (a) An owner shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the mobile manufactured home described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected. Any owner who fails to deliver the certificate of title to a secured party requesting it under this paragraph shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.

AB807, s. 37 Section 37. 101.9218 (title) of the statutes, as created by 1999 Wisconsin Act 9, is repealed and recreated to read:

AB807,20,14 101.9218 (title) Applicability of manufactured home security provisions.

AB807, s. 38 Section 38. 101.9218 of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 101.9218 (1) and amended to read:

AB807,20,22 101.9218 (1) Method of perfecting exclusive. The Except as provided in sub. (2), the method provided in ss. 101.921 to 101.9218 101.9217 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9218 101.9217 is exclusive. Security interests subject to ss. 101.921 to 101.9218 101.9217 are hereby exempted exempt from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.

AB807, s. 39 Section 39. 101.9218 (2) of the statutes is created to read:

AB807,21,3 101.9218 (2) Fixtures excluded. Notwithstanding ss. 101.921 to 101.9217, the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests does not apply to a manufactured home that is a fixture to real estate.

AB807, s. 40 Section 40. 101.9219 (2) (intro.) and (a) and (3) (a) and (b) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

AB807,21,8 101.9219 (2) (intro.) If the department is not satisfied as to the ownership of the mobile manufactured home or that there are no undisclosed security interests in it, the department, subject to sub. (3), shall either:

AB807,21,12 (a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the mobile manufactured home and that there are no undisclosed security interests in it; or

AB807,21,17 (3) (a) The applicant is a mobile manufactured home dealer licensed under s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09 or 218.01, a bank organized under the laws of this state, or a national bank located in this state.