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.
(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.
(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.
(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.
(3) Any mobile manufactured home dealer who fails to comply with this section may be required to forfeit not more than $200.
53,30
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:
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.
(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.
(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.
(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:
(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:
b. The approximate value and description of the mobile manufactured home.
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.
2. The transfer shall not affect any liens upon the mobile manufactured home.
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.
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.
(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.
(d) This subsection does not apply to transfer of interest in a mobile manufactured home under s. 101.9209 (1) (b).
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.
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.
(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.
(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.
(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.
(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.
(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.
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.
53,38
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.
53,39
Section
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.
53,40
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:
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.
53,44
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.
53,45
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.
53,47
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.
53,48
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.
53,49
Section
49. 101.94 (7) of the statutes is amended to read:
