Amendment ASA1-AB133

AB133-ASA1, s. 1998gL Section 1998gL. 101.9205 of the statutes is created to read:

AB133-ASA1,1044,7 101.9205 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.

AB133-ASA1,1044,9 (2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:

AB133-ASA1,1044,10 (a) According to title number.

AB133-ASA1,1044,11 (b) Alphabetically, according to the name of the owner.

AB133-ASA1,1044,12 (c) In any other manner which the department determines to be desirable.

AB133-ASA1,1044,14 (3) The department shall charge a fee of not less than $2 for conducting a file search of mobile home title records.

AB133-ASA1, s. 1998gp Section 1998gp. 101.9206 of the statutes is created to read:

AB133-ASA1,1044,17 101.9206 Contents of certificate of title. (1) Each certificate of title issued by the department shall contain all of the following:

AB133-ASA1,1044,18 (a) The name and address of the owner.

AB133-ASA1,1044,21 (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.

AB133-ASA1,1044,22 (c) The title number assigned to the mobile home.

AB133-ASA1,1044,24 (d) A description of the mobile home, including make, model and identification number.

AB133-ASA1,1044,25 (e) Any other data which the department considers pertinent and desirable.

AB133-ASA1,1045,1 (2) (a) The certificate of title shall contain spaces for all of the following:

AB133-ASA1,1045,2 1. Assignment and warranty of title by the owner.

AB133-ASA1,1045,3 2. Reassignment and warranty of title by a mobile home dealer.

AB133-ASA1,1045,6 (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.

AB133-ASA1,1045,16 (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.

AB133-ASA1,1045,18 (b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:

AB133-ASA1,1045,22 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.

AB133-ASA1,1046,13 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.

AB133-ASA1,1046,15 (4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.

AB133-ASA1,1046,16 (5) The department may issue a certificate of title in an automated format.

AB133-ASA1, s. 1998gt Section 1998gt. 101.9207 of the statutes is created to read:

AB133-ASA1,1046,24 101.9207 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".

AB133-ASA1,1047,2 (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.

AB133-ASA1, s. 1998gx Section 1998gx. 101.9208 of the statutes is created to read:

AB133-ASA1,1047,4 101.9208 Fees. The department shall be paid the following fees:

AB133-ASA1,1047,6 (1) For filing an application for the first certificate of title, $8.50, by the owner of the mobile home.

AB133-ASA1,1047,14 (2) 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.

AB133-ASA1,1047,16 (3) 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.

AB133-ASA1,1047,18 (4) For a certificate of title after a transfer, $8.50, by the owner of the mobile home.

AB133-ASA1,1047,20 (6) For each assignment of a security interest noted upon a certificate of title, $1 by the assignee.

AB133-ASA1,1047,21 (7) For a replacement certificate of title, $8, by the owner of the mobile home.

AB133-ASA1,1047,25 (8) 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.

AB133-ASA1,1048,2 (9) For the reinstatement of a certificate of title previously suspended or revoked, $25.

AB133-ASA1,1048,4 (10) For transfer of registration or credits for registration to a mobile home currently titled in the name of the applicant, $4, by the owner of the mobile home.

AB133-ASA1, s. 1998Lc Section 1998Lc. 101.9209 of the statutes is created to read:

AB133-ASA1,1048,10 101.9209 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.

AB133-ASA1,1048,15 (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)".

AB133-ASA1,1048,19 (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.

AB133-ASA1,1048,24 (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.

AB133-ASA1,1049,3 (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.

AB133-ASA1,1049,6 (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.

AB133-ASA1,1049,10 (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.

AB133-ASA1,1049,13 (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.

AB133-ASA1, s. 1998Lg Section 1998Lg. 101.921 of the statutes is created to read:

AB133-ASA1,1050,13 101.921 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.

AB133-ASA1,1050,18 (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.

AB133-ASA1,1050,23 (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.

AB133-ASA1,1051,3 (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.

AB133-ASA1,1051,5 (3) Any mobile home dealer who fails to comply with this section may be required to forfeit not more than $200.

AB133-ASA1, s. 1998LL Section 1998LL. 101.9211 of the statutes is created to read:

AB133-ASA1,1051,12 101.9211 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.

AB133-ASA1,1051,19 (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.

AB133-ASA1,1052,2 (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.

AB133-ASA1,1052,5 (4) (a) In all cases of the transfer of a mobile 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:

AB133-ASA1,1052,8 1. Evidence satisfactory to the department of the issuance of the letters of administration, letters testamentary, letters of guardianship, letters of trust or appointment of the trustee in bankruptcy.

AB133-ASA1,1052,9 2. The title executed by such administrator, executor, guardian or trustee.

AB133-ASA1,1052,12 (b) 1. The department shall transfer the decedent's interest in any mobile 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:

AB133-ASA1,1052,13 a. The date of death of the decedent.

AB133-ASA1,1052,14 b. The approximate value and description of the mobile home.

AB133-ASA1,1052,16 c. That the spouse is personally liable for the decedent's debts and charges to the extent of the value of the mobile home, subject to s. 859.25.

AB133-ASA1,1052,17 2. The transfer shall not affect any liens upon the mobile home.

AB133-ASA1,1052,22 3. Except as provided in subd. 4., this paragraph is limited to no more than 5 mobile 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 homes titled in this state that are 20 or more years old at the time of transfer under this paragraph.

AB133-ASA1,1053,2 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 homes transferred under this paragraph, does not exceed $10,000.

AB133-ASA1,1053,5 (c) Upon compliance with this subsection, the department shall bear neither liability nor responsibility for the transfer of such mobile homes in accordance with this section.

AB133-ASA1,1053,7 (d) This subsection does not apply to transfer of interest in a mobile home under s. 101.9209 (1) (b).

AB133-ASA1, s. 1998Lp Section 1998Lp. 101.9212 of the statutes is created to read:

AB133-ASA1,1053,13 101.9212 When department to issue a new certificate. (1) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.

AB133-ASA1,1053,23 (2) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the transfer constituted a termination of the owner's interest or a sale under a security agreement by a secured party named in the certificate, under s. 101.9211 (2), the new certificate shall be issued free of the names and addresses of the secured party who terminated the owner's interest and of all secured parties subordinate under s. 101.9213 to such secured party. If the outstanding certificate of title is not delivered to it, the department shall make demand therefor from the holder of such certificate.

AB133-ASA1,1054,3 (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 home designated therein.

AB133-ASA1, s. 1998Lt Section 1998Lt. 101.9213 of the statutes is created to read:

AB133-ASA1,1054,9 101.9213 Perfection of security interests. (1) Unless excepted by s. 101.9202, a security interest in a mobile 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 home unless perfected as provided in ss. 101.9202 to 101.9218.

AB133-ASA1,1054,17 (2) Except as provided in sub. (3), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. The security interest is perfected as of the time of its creation if such delivery is completed within 10 days after the time that the security interest is created, and without regard to the limitations expressed in s. 409.301 (2). If the delivery is not completed within 10 days after the time that the security interest is created, the security interest is perfected as of the time of such delivery.

AB133-ASA1,1054,21 (3) If a secured party whose name and address is contained on the certificate of title for a mobile home acquires a new or additional security interest in the mobile home, such security interest is perfected at the time of its attachment under s. 409.203.

AB133-ASA1,1054,23 (4) An unperfected security interest is subordinate to the rights of persons described in s. 409.301.

AB133-ASA1,1055,4 (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 home of a type for which a certificate of title is required, or in a previously certificated mobile 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.

AB133-ASA1,1055,9 (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 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 homes perfected under ss. 101.9202 to 101.9218.

AB133-ASA1,1055,12 (7) If a mobile 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.

AB133-ASA1,1055,18 (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 home titled in this state, whenever the department receives information from another state that the mobile 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.

AB133-ASA1, s. 1998Lx Section 1998Lx. 101.9214 of the statutes is created to read:

AB133-ASA1,1055,22 101.9214 Duties on creation of security interest. If an owner creates a security interest in a mobile home, unless the name and address of the secured party already is contained on the certificate of title for the mobile home:

AB133-ASA1,1056,2 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and cause the certificate, application and the required fee to be delivered to the secured party.

AB133-ASA1,1056,4 (2) The secured party shall immediately cause the certificate, the application and the required fee to be mailed or delivered to the department.

AB133-ASA1,1056,11 (3) Upon receipt of the certificate of title, the application and the required fee, the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to the new secured party and to the register of deeds of the county of the owner's residence memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.

AB133-ASA1,1056,15 (4) The registers of deeds may record, and maintain a file of, all memoranda received from the department under sub. (3). Such recording, however, is not required for perfection, release or assignment of security interests, which shall be effective upon compliance with ss. 101.9213 (2), 101.9215 and 101.9216 (1) and (2).

AB133-ASA1, s. 1998pc Section 1998pc. 101.9215 of the statutes is created to read: