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:
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.
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.
(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.
(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.
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.
101.9218 (title) Applicability of manufactured home security provisions.
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Section
38. 101.9218 of the statutes, as created by
1999 Wisconsin Act 9, is renumbered 101.9218 (1) and amended to read:
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.
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39. 101.9218 (2) of the statutes is created to read:
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.
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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:
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:
(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
(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.
(b) 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, or if the currently valid certificate of title for the mobile manufactured home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
101.922 (1) (b) That the mobile manufactured home has been scrapped, dismantled or destroyed.
101.9221 (1) (a) The person alleged to be the owner of the mobile manufactured home is not the owner.
(3) The applicant is a mobile manufactured home dealer and is prohibited from applying for a certificate of title under s. 101.921 (1) (a) or (b).
(4) Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate of title and registration for a mobile manufactured home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department.
101.9222 (title) Previously certificated mobile manufactured homes.
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Section
44. 101.9222 (1) to (3) and (5) (a) (intro.) and (b) of the statutes, as created by
1999 Wisconsin Act 9, are amended to read:
101.9222 (1) In this section, "previously certificated mobile manufactured home" means a mobile manufactured home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000.
(2) Sections 101.9213 to 101.9218 do not apply to a previously certificated mobile manufactured home until one of the following occurs:
(a) There is a transfer of ownership of the mobile manufactured home.
(b) The department of commerce issues a certificate of title of the mobile manufactured home under this chapter.
(3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated mobile manufactured home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title of the mobile manufactured home containing the legend "This
mobile manufactured home may be subject to an undisclosed security interest" and any other information that the department prescribes.
(5) (a) (intro.) If a security interest in a previously certificated mobile manufactured home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected:
(b) If a security interest in a previously certificated mobile manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a), but such perfection dates only from the date of the department's receipt of the certificate.
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Section
45. 101.93 of the statutes is amended to read:
101.93 Departmental powers and duties.
(1) The department shall adopt rules relating to plumbing in the design and construction of manufactured homes and mobile homes. The rules shall be consistent with s. 101.94 (1) to (3) and shall be reviewed annually.
(2) The department shall establish qualification requirements for and shall certify persons to perform inspections of the plumbing systems in manufactured homes and mobile homes.
(3) The department shall review plans and specifications for approval of plumbing systems in manufactured homes and mobile homes.
101.935 (title) Mobile Manufactured home park regulation.
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Section
47. 101.935 (1), (2) (a) and (d) and (2m) of the statutes, as affected by
1999 Wisconsin Act 9, are amended to read:
101.935 (1) The department shall license and regulate mobile manufactured home parks. The department may investigate mobile manufactured home parks and, with notice, may enter and inspect private property.
(2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate mobile manufactured home parks. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a mobile manufactured home park.
(d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the mobile manufactured home park in question is considered to be operation without a permit.
(2m) (a) The department shall inspect a mobile manufactured home park in the following situations:
1. Upon completion of the construction of a mobile manufactured home park.
2. Whenever a mobile manufactured home park is modified, as defined by the department by rule.
3. Whenever the department receives a complaint about a mobile manufactured home park
(b) The department may, with notice, inspect a mobile manufactured home park whenever the department determines an inspection is appropriate.
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Section
48. 101.94 (3), (4) (intro.), (a) and (b) (intro.) and 1. to 3. and (5) of the statutes are amended to read:
101.94 (3) Each manufactured home or mobile home manufacturer shall submit to the department typical construction plans and specifications for review. The department shall, by its own inspectors whether inside or outside this state, perform sufficient inspections of manufacturing premises and manufactured units to ensure compliance with this section. The department may contract for inspection services, as provided in sub. (4), for inspections outside this state. Each manufactured home or mobile home, upon final assembly, shall display a label which shall be prescribed by and be available only from the department, or similar agency of other states where units are manufactured, providing reciprocal agreements have been executed and are effective between this state and such other states indicating that the manufactured home or mobile home meets the requirements of ss. 101.90 to 101.96 this subchapter or the applicable laws of the state with which a reciprocal agreement has been executed. No manufactured home or mobile home which bears such label shall be required by any person to comply with any building, plumbing, heating or electrical code or any construction standards other than those promulgated under this section.
(4) (intro.) The department shall inspect manufactured homes and mobile homes manufactured in other states to be sold or intended to be sold in this state. For such out-of-state inspections, the department may contract for 3rd party inspection by an inspection agency which has been approved by the department. The department shall monitor inspections conducted by 3rd party inspection agencies to ensure the quality of those inspections. To obtain departmental approval, the inspection agency shall submit an application to the department accompanied by written materials evidencing that the agency is:
(a) Not under the jurisdiction or control of any manufacturer or supplier of the manufactured home or mobile home industry.
(b) (intro.) Professionally competent to determine that a manufactured home or mobile home is in compliance with the requirements and standards of this section by having sufficient expertise to do all of the following:
1. Inspect manufactured homes or mobile homes.
2. Review manufactured home or mobile home plans and specifications.
3. Evaluate manufactured home or mobile home manufacturer quality control procedures.
(5) No manufactured home or mobile home after once being approved to display the label prescribed shall be altered in any way by a manufacturer, factory branch, distributor, distributor branch, dealer or salesperson without first obtaining an approval from the department or its authorized agent.
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Section
49. 101.94 (7) of the statutes is amended to read:
101.94 (7) The department shall hear and decide petitions brought under ss. 101.90 to 101.96 this subchapter in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property.
101.94 (8) (a) Except as provided in par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or mobile home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
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Section
51. 101.95 of the statutes is amended to read:
101.95 Manufactured home and mobile home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes or mobile homes in this state.
101.951 (title) Mobile Manufactured home dealers regulated.
101.951 (1) No person may engage in the business of selling mobile manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
(6) (n) Having violated any law relating to the sale, distribution or financing of mobile manufactured homes.
101.952 (title) Mobile Manufactured home salespersons regulated.
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Section
55. 101.952 (1), (2) (a), (3), (5) and (6) of the statutes, as created by
1999 Wisconsin Act 9, are amended to read:
101.952 (1) No person may engage in the business of selling mobile manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a mobile manufactured home dealer acts as a mobile manufactured home salesperson the dealer shall secure a mobile manufactured home salesperson's license in addition to the license for engaging as a mobile manufactured home dealer.
(2) (a) Applications for a mobile
manufactured home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
(3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. The license shall name his or her employer, and, in case of a change of employer, the mobile manufactured home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.
(5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under s. 101.02 (21) (b).
(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile manufactured home sales practices and the regulation of mobile manufactured home salespersons, as far as applicable.
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Section
56. 101.953 (1) (intro.) and (a) to (d), (3) and (4) of the statutes, as created by
1999 Wisconsin Act 9, are amended to read:
101.953 (1) (intro.) A one-year written warranty is required for every new mobile manufactured home sold, or leased to another, by a mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson in this state, and for every new mobile manufactured home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall state all of the following:
(a) That the mobile manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce, which are in effect at the time of the manufacture of the mobile manufactured home.
(b) That the mobile manufactured home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.
(c) 1. That the mobile manufactured home manufacturer and mobile manufactured home dealer shall take corrective action for defects which become evident within one year from the delivery date and as to which the mobile manufactured home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the mobile manufactured home manufacturer and mobile manufactured home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the mobile manufactured home without charge to the mobile manufactured home owner. If the mobile manufactured home dealer makes the adjustment, the mobile manufactured home manufacturer shall fully reimburse the dealer.
2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, that the repair, replacement, substitution or alteration has not restored the mobile manufactured home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the mobile manufactured home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee notwithstanding that the additional repair may occur after the expiration of the warranty period.
(d) That if during any period of time after notification of a defect the mobile manufactured home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period.
(3) The warranty required under this section shall apply to the manufacturer of the mobile manufactured home as well as to the mobile manufactured home dealer who sells or leases the mobile manufactured home to the consumer, and shall be in addition to any other rights and privileges that the consumer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is void.
(4) The transfer of a mobile manufactured home from one mobile manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent mobile manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original mobile manufactured home owner had not transferred the mobile manufactured home.
