Wisconsin Legislature: 9,1998gg

(d) Any lender, as defined in s. 421.301 (22).

(e) A person transferring a mobile home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

(2m) "Mobile home owner" means any person who purchases, or leases from another, a mobile home primarily for use for personal, family or household purposes.

9,1998cL Section 1998cL. 101.91 (3) of the statutes is amended to read:

101.91 (3) "Mobile home park" has the meaning given in s. 66.058 (1) (e) means any plot or plots of ground upon which 3 or more mobile homes or manufactured homes that are occupied for dwelling or sleeping purposes are located. "Mobile home park" does not include a farm where the occupants of the mobile homes or manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the mobile homes or manufactured homes work on the farm.

9,1998cp Section 1998cp. 101.91 (4), (5) and (6) of the statutes are created to read:

101.91 (4) "Mobile home salesperson" means any person who is employed by a mobile home manufacturer or mobile home dealer to sell or lease mobile homes.

(5) "New mobile home" means a mobile home that has never been occupied, used or sold for personal or business use.

(6) "Used mobile home" means a mobile home that has previously been occupied, used or sold for personal or business use.

9,1998ct Section 1998ct. 101.92 (9) of the statutes is created to read:

101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.953 and 101.954.

9,1998cx Section 1998cx. 101.9202 of the statutes is created to read:

101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the mobile home.

(2) A lien given by statute to the United States, this state or any political subdivision of this state.

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

9,1998gc Section 1998gc. 101.9203 of the statutes is created to read:

101.9203 When certificate of title required. (1) The owner of a mobile 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 home if the owner has newly acquired the mobile home.

(2) Any owner who situates in this state a mobile home for which a certificate of title is required without such certificate 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 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.

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

9,1998gg Section 1998gg. 101.9204 of the statutes is created to read:

101.9204 Application for certificate of title. (1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:

(a) The name and address of the owner.

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

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

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

(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 home.

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

(g) If the mobile home is a used mobile 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 home, such statement to be in the form that the department prescribes.

(1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under s. 101.9208 (1) (dm) separately from the fee under s. 101.9208 (1) (a) or (d).

(2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

9,1998gL Section 1998gL. 101.9205 of the statutes is created to read:

101.9205 When department to issue certificate and to whom; maintenance of records. (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 home.

(2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:

(a) According to title number.

(b) Alphabetically, according to the name of the owner.

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

9,1998gp Section 1998gp. 101.9206 of the statutes is created to read:

101.9206 Contents of certificate of title. (1) Each certificate of title issued by the department shall contain all of the following:

(a) The name and address of the owner.

(b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on that certificate.

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

(e) Any other data which the department considers pertinent and desirable.

(2) (a) The certificate of title shall contain spaces for all of the following:

1. Assignment and warranty of title by the owner.

2. Reassignment and warranty of title by a mobile home dealer.

(b) The certificate of title may contain spaces for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.

(3) (a) Unless the applicant fulfills the requirements of par. (b), the department shall issue a distinctive certificate of title for a mobile 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 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 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.

(b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:

1. The applicant is a mobile 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.

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 home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile 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 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 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 home.

(4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.

(5) The department may issue a certificate of title in an automated format.

9,1998gt Section 1998gt. 101.9207 of the statutes is created to read:

101.9207 Lost, stolen or mutilated certificates. (1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate".

(2) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.

9,1998gx Section 1998gx. 101.9208 of the statutes is created to read:

101.9208 Fees. (1) The department shall be paid the following fees:

(a) For filing an application for the first certificate of title, $8.50, by the owner of the mobile home.

(b) Upon filing an application under sub. (1) or (4) before the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $5, by the person filing the application. Upon filing an application under sub. (1) or (4) on or after the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $6, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management.

(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 home.

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

(dm) Upon filing an application under par. (a) or (d), a supplemental title fee of $7.50 by the owner of the mobile 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 home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section.

(f) For each assignment of a security interest noted upon a certificate of title, $1 by the assignee.

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

(h) For processing applications for certificates of title which have a special handling request for fast service, a fee established by the department by rule, which fee shall approximate the cost to the department for providing this special handling service to persons so requesting.

(i) For the reinstatement of a certificate of title previously suspended or revoked, $25.

(2) All fees collected under sub. (1), except fees collected under sub. (1) (b), shall be deposited in the transportation fund.

9,1998Lc Section 1998Lc. 101.9209 of the statutes is created to read:

101.9209 Transfer of interest in a mobile home. (1) (a) If an owner transfers an interest in a mobile home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the mobile 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.

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

(2) Promptly after delivery to him or her of the mobile 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.

(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 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.

(4) Any owner of a mobile home for which a certificate of title has been issued, who upon transfer of the mobile 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.

(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 home may be required to forfeit not more than $200.

(b) Any transferee of a mobile 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 home may be fined not more than $1,000 or imprisoned for not more than 30 days or both.

(c) A certificate is considered under this subsection 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 with postage prepaid.

9,1998Lg Section 1998Lg. 101.921 of the statutes is created to read:

101.921 Transfer to or from dealer. (1) (a) Except as provided in par. (b), if a mobile home dealer acquires a mobile home and holds it for resale or accepts a mobile home for sale on consignment, the mobile home dealer may not submit to the department the certificate of title or application for certificate of title naming the mobile home dealer as owner of the mobile home. Upon transferring the mobile home to another person, the mobile 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 home dealer for transmittal to the department when required. The mobile 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 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 home from a mobile 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 home in this state unless the mobile home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The mobile home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The mobile home dealer is liable for any damages incurred by the department or any secured party for the mobile home dealer's failure to perfect a security interest which the mobile home dealer had knowledge of at the time of sale.

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

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

(2) Every mobile home dealer shall maintain for 5 years a record of every mobile 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.

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

9,1998LL Section 1998LL. 101.9211 of the statutes is created to read:

101.9211 Involuntary transfers. (1) If the interest of an owner in a mobile 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.

(2) If the interest of the owner is terminated or the mobile 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 home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.

(3) A person holding a certificate of title whose interest in the mobile 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.