AB133-ASA1,1052,1313
a. The date of death of the decedent.
AB133-ASA1,1052,1414
b. The approximate value and description of the mobile home.
AB133-ASA1,1052,1615
c. That the spouse is personally liable for the decedent's debts and charges to
16the extent of the value of the mobile home, subject to s. 859.25.
AB133-ASA1,1052,1717
2. The transfer shall not affect any liens upon the mobile home.
AB133-ASA1,1052,2218
3. Except as provided in subd. 4., this paragraph is limited to no more than 5
19mobile homes titled in this state that are less than 20 years old at the time of the
20transfer under this paragraph. There is no limit on transfer under this paragraph
21of mobile homes titled in this state that are 20 or more years old at the time of transfer
22under this paragraph.
AB133-ASA1,1053,223
4. The limit in subd. 3. does not apply if the surviving spouse is proceeding
24under s. 867.03 (1g) and the total value of the decedent's solely owned property in the
1state, including the mobile homes transferred under this paragraph, does not exceed
2$10,000.
AB133-ASA1,1053,53
(c) Upon compliance with this subsection, the department shall bear neither
4liability nor responsibility for the transfer of such mobile homes in accordance with
5this section.
AB133-ASA1,1053,76
(d) This subsection does not apply to transfer of interest in a mobile home under
7s. 101.9209 (1) (b).
AB133-ASA1,1053,13
9101.9212 When department to issue a new certificate. (1) The
10department, upon receipt of a properly assigned certificate of title, with an
11application for a new certificate of title, the required fee and any other transfer
12documents required by law, to support the transfer, shall issue a new certificate of
13title in the name of the transferee as owner.
AB133-ASA1,1053,23
14(2) The department, upon receipt of an application for a new certificate of title
15by a transferee other than by voluntary transfer, with proof of the transfer, the
16required fee and any other documents required by law, shall issue a new certificate
17of title in the name of the transferee as owner. If the transfer constituted a
18termination of the owner's interest or a sale under a security agreement by a secured
19party named in the certificate, under s. 101.9211 (2), the new certificate shall be
20issued free of the names and addresses of the secured party who terminated the
21owner's interest and of all secured parties subordinate under s. 101.9213 to such
22secured party. If the outstanding certificate of title is not delivered to it, the
23department shall make demand therefor from the holder of such certificate.
AB133-ASA1,1054,3
1(3) The department shall retain for 5 years a record of every surrendered
2certificate of title, the record to be maintained so as to permit the tracing of title of
3the mobile home designated therein.
AB133-ASA1,1054,9
5101.9213 Perfection of security interests. (1) Unless excepted by s.
6101.9202, a security interest in a mobile home of a type for which a certificate of title
7is required is not valid against creditors of the owner or subsequent transferees or
8secured parties of the mobile home unless perfected as provided in
ss. 101.9202 to
9101.9218.
AB133-ASA1,1054,17
10(2) Except as provided in sub. (3), a security interest is perfected by the delivery
11to the department of the existing certificate of title, if any, an application for a
12certificate of title containing the name and address of the secured party, and the
13required fee. The security interest is perfected as of the time of its creation if such
14delivery is completed within 10 days after the time that the security interest is
15created, and without regard to the limitations expressed in s. 409.301 (2). If the
16delivery is not completed within 10 days after the time that the security interest is
17created, the security interest is perfected as of the time of such delivery.
AB133-ASA1,1054,21
18(3) If a secured party whose name and address is contained on the certificate
19of title for a mobile home acquires a new or additional security interest in the mobile
20home, such security interest is perfected at the time of its attachment under s.
21409.203.
AB133-ASA1,1054,23
22(4) An unperfected security interest is subordinate to the rights of persons
23described in s. 409.301.
AB133-ASA1,1055,4
24(5) The rules of priority stated in s. 409.312, and the other sections therein
25referred to, shall, to the extent appropriate, apply to conflicting security interests in
1a mobile home of a type for which a certificate of title is required, or in a previously
2certificated mobile home, as defined in s. 101.9222 (1). A security interest perfected
3under this section or under s. 101.9222 (4) or (5) is a security interest perfected
4otherwise than by filing for purposes of s. 409.312.
AB133-ASA1,1055,9
5(6) The rules stated in ss. 409.501 to 409.507 governing the rights and duties
6of secured parties and debtors and the requirements for, and effect of, disposition of
7a mobile home by a secured party, upon default shall, to the extent appropriate,
8govern the rights of secured parties and owners with respect to security interests in
9mobile homes perfected under ss. 101.9202 to 101.9218.
AB133-ASA1,1055,12
10(7) If a mobile home is subject to a security interest when brought into this
11state, s. 409.103 (1), (2) and (3) states the rules which apply to determine the validity
12and perfection of the security interest in this state.
AB133-ASA1,1055,18
13(8) Upon request of a person who has perfected a security interest under this
14section, as shown by the records of the department, in a mobile home titled in this
15state, whenever the department receives information from another state that the
16mobile home is being titled in the other state and the information does not show that
17the security interest has been satisfied, the department shall notify the person. The
18person shall pay the department a $2 fee for each notification.
AB133-ASA1,1055,22
20101.9214 Duties on creation of security interest. If an owner creates a
21security interest in a mobile home, unless the name and address of the secured party
22already is contained on the certificate of title for the mobile home:
AB133-ASA1,1056,2
23(1) The owner shall immediately execute, in the space provided therefor on the
24certificate of title or on a separate form or in an automated format prescribed by the
25department, an application to name the secured party on the certificate, showing the
1name and address of the secured party, and cause the certificate, application and the
2required fee to be delivered to the secured party.
AB133-ASA1,1056,4
3(2) The secured party shall immediately cause the certificate, the application
4and the required fee to be mailed or delivered to the department.
AB133-ASA1,1056,11
5(3) Upon receipt of the certificate of title, the application and the required fee,
6the department shall issue to the owner a new certificate containing the name and
7address of the new secured party. The department shall deliver to the new secured
8party and to the register of deeds of the county of the owner's residence memoranda,
9in such form as the department prescribes, evidencing the notation of the security
10interest upon the certificate; and thereafter, upon any assignment, termination or
11release of the security interest, additional memoranda evidencing such action.
AB133-ASA1,1056,15
12(4) The registers of deeds may record, and maintain a file of, all memoranda
13received from the department under sub. (3). Such recording, however, is not
14required for perfection, release or assignment of security interests, which shall be
15effective upon compliance with ss. 101.9213 (2), 101.9215 and 101.9216 (1) and (2).
AB133-ASA1,1056,23
17101.9215 Assignment of security interest. (1) A secured party may assign,
18absolutely or otherwise, the party's security interest in the mobile home to a person
19other than the owner without affecting the interest of the owner or the validity of the
20security interest, but any person without notice of the assignment is protected in
21dealing with the secured party as the holder of the security interest and the secured
22party remains liable for any obligations as a secured party until the assignee is
23named as secured party on the certificate.
AB133-ASA1,1057,2
24(2) The assignee may but need not, to perfect the assignment, have the
25certificate of title endorsed or issued with the assignee named as secured party, upon
1delivering to the department the certificate and an assignment by the secured party
2named in the certificate in the form that the department prescribes.
AB133-ASA1,1057,14
4101.9216 Release of security interest.
(1) Within one month or within 10
5days following written demand by the debtor after there is no outstanding obligation
6and no commitment to make advances, incur obligations or otherwise give value,
7secured by the security interest in a mobile home under any security agreement
8between the owner and the secured party, the secured party shall execute and deliver
9to the owner, as the department prescribes, a release of the security interest in the
10form and manner prescribed by the department and a notice to the owner stating in
11no less than 10-point boldface type the owner's obligation under sub. (2). If the
12secured party fails to execute and deliver the release and notice of the owner's
13obligation as required by this subsection, the secured party is liable to the owner for
14$25 and for any loss caused to the owner by the failure.
AB133-ASA1,1057,18
15(2) The owner, other than a mobile home dealer holding the mobile home for
16resale, upon receipt of the release and notice of obligation shall promptly cause the
17certificate and release to be mailed or delivered to the department, which shall
18release the secured party's rights on the certificate and issue a new certificate.
AB133-ASA1,1057,22
19(3) The department may remove information pertaining to a security interest
20perfected under s. 101.9213 from its records when 20 years after the original
21perfection has elapsed unless the security interest is renewed in the same manner
22as provided in s. 101.9213 (2) for perfection of a security interest.
AB133-ASA1,1057,25
23(4) Removal of information pertaining to a security interest from the records
24of the department under sub. (3) does not affect any security agreement between the
25owner of a mobile home and the holder of security interest in the mobile home.
AB133-ASA1,1058,5
2101.9217 Secured party's and owner's duties. (1) A secured party named
3in a certificate of title shall, upon written request of the owner or of another secured
4party named on the certificate, disclose any pertinent information as to the party's
5security agreement and the indebtedness secured by it.
AB133-ASA1,1058,13
6(2) (a) An owner shall promptly deliver the owner's certificate of title to any
7secured party who is named on it or who has a security interest in the mobile home
8described in it under any other applicable prior law of this state, upon receipt of a
9notice from such secured party that the security interest is to be assigned, extended
10or perfected. Any owner who fails to deliver the certificate of title to a secured party
11requesting it under this paragraph shall be liable to such secured party for any loss
12caused to the secured party thereby and may be required to forfeit not more than
13$200.
AB133-ASA1,1058,1614
(b) No secured party may take possession of any certificate of title except as
15provided in par. (a). Any person who violates this paragraph may be required to
16forfeit not more than $1,000.
AB133-ASA1,1058,18
17(3) Any secured party who fails to disclose information under sub. (1) shall be
18liable for any loss caused to owner thereby.
AB133-ASA1,1058,24
20101.9218 Method of perfecting exclusive. The method provided in ss.
21101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss.
22101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218
23are hereby exempted from the provisions of law which otherwise require or relate to
24the filing of instruments creating or evidencing security interests.
AB133-ASA1,1059,3
1101.9219 Withholding certificate of title; bond. (1) The department may
2not issue a certificate of title until the outstanding evidence of ownership is
3surrendered to the department.
AB133-ASA1,1059,6
4(2) If the department is not satisfied as to the ownership of the mobile home
5or that there are no undisclosed security interests in it, the department, subject to
6sub. (3), shall either:
AB133-ASA1,1059,107
(a) Withhold issuance of a certificate of title until the applicant presents
8documents reasonably sufficient to satisfy the department as to the applicant's
9ownership of the mobile home and that there are no undisclosed security interests
10in it; or
AB133-ASA1,1059,1211
(b) Issue a distinctive certificate of title pursuant to s. 101.9206 (3) or 101.9222
12(3).
AB133-ASA1,1059,14
13(3) Notwithstanding sub. (2), the department may issue a nondistinctive
14certificate of title if the applicant fulfills either of the following requirements:
AB133-ASA1,1059,1815
(a) The applicant is a mobile home dealer licensed under s. 101.951 and is
16financially responsible as substantiated by the last financial statement on file with
17the department, a finance company licensed under s. 138.09 or 218.01, a bank
18organized under the laws of this state, or a national bank located in this state.
AB133-ASA1,1060,1219
(b) The applicant has filed with the department a bond in the form prescribed
20by the department and executed by the applicant, and either accompanied by the
21deposit of cash with the department or also executed by a person authorized to
22conduct a surety business in this state. The bond shall be in an amount equal to 1.5
23times the value of the mobile home as determined by the department and conditioned
24to indemnify any prior owner and secured party and any subsequent purchaser of the
25mobile home or person acquiring any security interest in it, and their respective
1successors in interest, against any expense, loss or damage, including reasonable
2attorney fees, by reason of the issuance of the certificate of title of the mobile home
3or on account of any defect in or undisclosed security interest upon the right, title and
4interest of the applicant in and to the mobile home. Any such interested person has
5a right of action to recover on the bond for any breach of its conditions, but the
6aggregate liability of the surety to all persons shall not exceed the amount of the
7bond. The bond, and any deposit accompanying it, shall be returned at the end of 5
8years or prior thereto if, apart from this section, a nondistinctive certificate of title
9could then be issued for the mobile home, or if the mobile home is no longer registered
10in this state and the currently valid certificate of title is surrendered to the
11department, unless the department has been notified of the pendency of an action
12to recover on the bond.
AB133-ASA1,1060,15
14101.922 Suspension or revocation of certificate. (1) The department
15shall suspend or revoke a certificate of title if it finds any of the following:
AB133-ASA1,1060,1716
(a) That the certificate of title was fraudulently procured, erroneously issued
17or prohibited by law.
AB133-ASA1,1060,1818
(b) That the mobile home has been scrapped, dismantled or destroyed.
AB133-ASA1,1060,1919
(c) That a transfer of title is set aside by a court of record by order or judgment.
AB133-ASA1,1060,21
20(2) Suspension or revocation of a certificate of title does not, in itself, affect the
21validity of a security interest noted on it.
AB133-ASA1,1060,24
22(3) When the department suspends or revokes a certificate of title, the owner
23or person in possession of it shall, immediately upon receiving notice of the
24suspension or revocation, mail or deliver the certificate to the department.
AB133-ASA1,1061,2
1(4) The department may seize and impound any certificate of title which has
2been suspended or revoked.
AB133-ASA1,1061,6
4101.9221 Grounds for refusing issuance of certificate of title. The
5department shall refuse issuance of a certificate of title if any required fee has not
6been paid or for any of the following reasons:
AB133-ASA1,1061,7
7(1) The department has reasonable grounds to believe that:
AB133-ASA1,1061,88
(a) The person alleged to be the owner of the mobile is not the owner.
AB133-ASA1,1061,99
(b) The application contains a false or fraudulent statement.
AB133-ASA1,1061,10
10(2) The applicant has failed to furnish any of the following:
AB133-ASA1,1061,1211(a) If applicable, the power of attorney required under
15 USC 1988 or rules
12of the department.
AB133-ASA1,1061,1413
(b) Any other information or documents required by law or by the department
14pursuant to authority of law.
AB133-ASA1,1061,16
15(3) The applicant is a mobile home dealer and is prohibited from applying for
16a certificate of title under s. 101.921 (1) (a) or (b).
AB133-ASA1,1061,20
17(4) Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate
18of title and registration for a mobile home owned by a nonresident, the applicant is
19a nonresident and the issuance of a certificate of title has not otherwise been
20authorized by rule of the department.
AB133-ASA1,1061,24
22101.9222 Previously certificated mobile homes. (1) In this section,
23"previously certificated mobile home" means a mobile home for which a certificate
24of title has been issued by the department of transportation prior to July 1, 2000.
AB133-ASA1,1062,2
1(2) Sections 101.9213 to 101.9218 do not apply to a previously certificated
2mobile home until one of the following occurs:
AB133-ASA1,1062,33
(a) There is a transfer of ownership of the mobile home.
AB133-ASA1,1062,54
(b) The department of commerce issues a certificate of title of the mobile home
5under this chapter.
AB133-ASA1,1062,11
6(3) If the department is not satisfied that there are no undisclosed security
7interests, created before July 1, 2000, in a previously certificated mobile home, the
8department shall, unless the applicant fulfills the requirements of s. 101.9219 (3),
9issue a distinctive certificate of title of the mobile home containing the legend "This
10mobile home may be subject to an undisclosed security interest" and any other
11information that the department prescribes.
AB133-ASA1,1062,13
12(4) After July 1, 2000, a security interest in a previously certificated vehicle
13may be created and perfected only by compliance with ss. 101.9213 and 101.9218.
AB133-ASA1,1062,16
14(5) (a) If a security interest in a previously certificated mobile home is perfected
15under any other applicable law of this state on July 1, 2000, the security interest
16continues perfected:
AB133-ASA1,1062,1917
1. Until its perfection lapses under the law under which it was perfected, or
18until its perfection would lapse in the absence of a further filing or renewal of filing,
19whichever occurs sooner.
AB133-ASA1,1062,2320
2. If, before the security interest lapses as described in subd. 1., there is
21delivered to the department the existing certificate of title together with the
22application and fee required by s. 101.9214 (1). In such case the department shall
23issue a new certificate pursuant to s. 101.9214 (3).
AB133-ASA1,1063,224
(b) If a security interest in a previously certificated mobile home was created,
25but was unperfected, under any other applicable law of this state on July 1, 2000, it
1may be perfected under par. (a), but such perfection dates only from the date of the
2department's receipt of the certificate.
AB133-ASA1,1063,7
4101.9223 Registration of mobile homes.
(1) Definition. In this section,
5"owner" means, with respect to a mobile home that is leased to a lessee for a period
6of one year or more, the lessee of the mobile home for purposes of mobile home
7registration under this section.
AB133-ASA1,1063,10
8(2) Application for registration. (a) Application for original registration and
9for renewal of registration shall be made to the department upon forms prescribed
10by it and shall be accompanied by the required fee.
AB133-ASA1,1063,1211
(b) Applications for original registration of a mobile home shall contain the
12following information:
AB133-ASA1,1063,1313
1. The name of the owner.
AB133-ASA1,1063,1414
2. If the owner under subd. 1. is a lessee, the name of the lessor.
AB133-ASA1,1063,1715
3. The name of the town, city or village in which the owner resides and, if the
16owner resides in a 1st or 2nd class city, the owner's true residential or business
17address.
AB133-ASA1,1063,2018
4. If applicable, the name of the town, city or village in which the lessor resides
19and, if the lessor resides in a 1st or 2nd class city, the lessor's true residential or
20business address.
AB133-ASA1,1063,2321
5. A description of the mobile home, including make, model, identification
22number and any other information which the department may reasonably require
23for proper identification of the mobile home.
AB133-ASA1,1063,2524
6. The city, village or town and the county in which the mobile home is
25customarily situated.