AB133-ASA1,1046,16
16(5) The department may issue a certificate of title in an automated format.
AB133-ASA1,1046,24
18101.9207 Lost, stolen or mutilated certificates. (1) If a certificate of title
19is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal
20representative of the owner named in the certificate, as shown by the records of the
21department, shall promptly make application for and may obtain a replacement
22upon furnishing information satisfactory to the department. The replacement
23certificate of title shall contain the legend "This is a replacement certificate and may
24be subject to the rights of a person under the original certificate".
AB133-ASA1,1047,2
1(2) A person recovering an original certificate of title for which a replacement
2has been issued shall promptly surrender the original certificate to the department.
AB133-ASA1,1047,4
4101.9208 Fees. The department shall be paid the following fees:
AB133-ASA1,1047,6
5(1) For filing an application for the first certificate of title, $8.50, by the owner
6of the mobile home.
AB133-ASA1,1047,14
7(2) Upon filing an application under sub. (1) or (4) before the first day of the
82nd month beginning after the effective date of this subsection .... [revisor inserts
9date], an environmental impact fee of $5, by the person filing the application. Upon
10filing an application under sub. (1) or (4) on or after the first day of the 2nd month
11beginning after the effective date of this subsection .... [revisor inserts date], an
12environmental impact fee of $6, by the person filing the application. All moneys
13collected under this subsection shall be credited to the environmental fund for
14environmental management.
AB133-ASA1,1047,16
15(3) For the original notation and subsequent release of each security interest
16noted upon a certificate of title, a single fee of $4 by the owner of the mobile home.
AB133-ASA1,1047,18
17(4) For a certificate of title after a transfer, $8.50, by the owner of the mobile
18home.
AB133-ASA1,1047,20
19(6) For each assignment of a security interest noted upon a certificate of title,
20$1 by the assignee.
AB133-ASA1,1047,21
21(7) For a replacement certificate of title, $8, by the owner of the mobile home.
AB133-ASA1,1047,25
22(8) For processing applications for certificates of title which have a special
23handling request for fast service, a fee established by the department by rule, which
24fee shall approximate the cost to the department for providing this special handling
25service to persons so requesting.
AB133-ASA1,1048,2
1(9) For the reinstatement of a certificate of title previously suspended or
2revoked, $25.
AB133-ASA1,1048,4
3(10) For transfer of registration or credits for registration to a mobile home
4currently titled in the name of the applicant, $4, by the owner of the mobile home.
AB133-ASA1,1048,10
6101.9209 Transfer of interest in a mobile home. (1) (a) If an owner
7transfers an interest in a mobile home, other than by the creation of a security
8interest, the owner shall, at the time of the delivery of the mobile home, execute an
9assignment and warranty of title to the transferee in the space provided therefor on
10the certificate, and cause the certificate to be mailed or delivered to the transferee.
AB133-ASA1,1048,1511
(b) Any person who holds legal title of a mobile home with one or more other
12persons may transfer ownership of the mobile home under this subsection if legal
13title to the mobile home is held in the names of such persons in the alternative,
14including a mobile home held in a form designating the holder by the words "(name
15of one person) or (name of other person)".
AB133-ASA1,1048,19
16(2) Promptly after delivery to him or her of the mobile home, the transferee
17shall execute the application for a new certificate of title in the space provided
18therefor on the certificate or as the department prescribes, and cause the certificate
19and application to be mailed or delivered to the department.
AB133-ASA1,1048,24
20(3) A transfer by an owner is not effective until the provisions of this section
21have been complied with. An owner who has delivered possession of the mobile home
22to the transferee and has complied with the provisions of this section requiring action
23by him or her is not liable as owner for any damages thereafter resulting from use
24of the mobile home.
AB133-ASA1,1049,3
1(4) Any owner of a mobile home for which a certificate of title has been issued,
2who upon transfer of the mobile home fails to execute and deliver the assignment and
3warranty of title required by sub. (1), may be required to forfeit not more than $500.
AB133-ASA1,1049,6
4(5) (a) Any transferee of a mobile home who fails to make application for a new
5certificate of title immediately upon transfer to him or her of a mobile home may be
6required to forfeit not more than $200.
AB133-ASA1,1049,107
(b) Any transferee of a mobile home who, with intent to defraud, fails to make
8application for a new certificate of title immediately upon transfer to him or her of
9a mobile home may be fined not more than $1,000 or imprisoned for not more than
1030 days or both.
AB133-ASA1,1049,1311
(c) A certificate is considered under this subsection to have been applied for
12when the application accompanied by the required fee has been delivered to the
13department or deposited in the mail properly addressed with postage prepaid.
AB133-ASA1,1050,13
15101.921 Transfer to or from dealer.
(1) (a) Except as provided in par. (b),
16if a mobile home dealer acquires a mobile home and holds it for resale or accepts a
17mobile home for sale on consignment, the mobile home dealer may not submit to the
18department the certificate of title or application for certificate of title naming the
19mobile home dealer as owner of the mobile home. Upon transferring the mobile home
20to another person, the mobile home dealer shall immediately give the transferee, on
21a form prescribed by the department, a receipt for all title, security interest and sales
22tax moneys paid to the mobile home dealer for transmittal to the department when
23required. The mobile home dealer shall promptly execute the assignment and
24warranty of title, showing the name and address of the transferee and of any secured
25party holding a security interest created or reserved at the time of the resale or sale
1on consignment, in the spaces provided therefor on the certificate or as the
2department prescribes. Within 7 business days following the sale or transfer, the
3mobile home dealer shall mail or deliver the certificate or application for certificate
4to the department with the transferee's application for a new certificate. A
5nonresident who purchases a mobile home from a mobile home dealer in this state
6may not, unless otherwise authorized by rule of the department, apply for a
7certificate of title issued for the mobile home in this state unless the mobile home
8dealer determines that a certificate of title is necessary to protect the interests of a
9secured party. The mobile home dealer is responsible for determining whether a
10certificate of title and perfection of security interest is required. The mobile home
11dealer is liable for any damages incurred by the department or any secured party for
12the mobile home dealer's failure to perfect a security interest which the mobile home
13dealer had knowledge of at the time of sale.
AB133-ASA1,1050,1814
(b) Except when all available spaces for a mobile home dealer's reassignment
15on a certificate of title have been completed or as otherwise authorized by rules of the
16department, a mobile home dealer who acquires a mobile home and holds it for resale
17or accepts a mobile home for sale on consignment may not apply for a certificate of
18title naming the mobile home dealer as owner of the mobile home.
AB133-ASA1,1050,2319
(c) Unless exempted by rule of the department, a mobile home dealer who
20acquires a mobile home and holds it for resale shall make application for a certificate
21of title naming the mobile home dealer as owner of the mobile home when all of the
22available spaces for a mobile home dealer's reassignment on the certificate of title
23for such mobile home have been completed.
AB133-ASA1,1051,3
24(2) Every mobile home dealer shall maintain for 5 years a record of every mobile
25home bought, sold or exchanged, or received for sale or exchange. The record shall
1be open to inspection by a representative of the department or by a peace officer
2during reasonable business hours. The dealer shall maintain the record in the form
3prescribed by the department.
AB133-ASA1,1051,5
4(3) Any mobile home dealer who fails to comply with this section may be
5required to forfeit not more than $200.
AB133-ASA1,1051,12
7101.9211 Involuntary transfers. (1) If the interest of an owner in a mobile
8home passes to another other than by voluntary transfer, the transferee shall, except
9as provided in sub. (2), promptly mail or deliver to the department the last certificate
10of title, if available, and the documents required by the department to legally effect
11such transfer, and an application for a new certificate in the form that the
12department prescribes.
AB133-ASA1,1051,19
13(2) If the interest of the owner is terminated or the mobile home is sold under
14a security agreement by a secured party named in the certificate of title, the
15transferee shall promptly mail or deliver to the department the last certificate of
16title, an application for a new certificate in the form that the department prescribes,
17and a statement made by or on behalf of the secured party that the mobile home was
18repossessed and that the interest of the owner was lawfully terminated or sold under
19the terms of the security agreement.
AB133-ASA1,1052,2
20(3) A person holding a certificate of title whose interest in the mobile home has
21been extinguished or transferred other than by voluntary transfer shall mail or
22deliver the certificate to the department upon request of the department. The
23delivery of the certificate pursuant to the request of the department does not affect
24the rights of the person surrendering the certificate, and the action of the department
1in issuing a new certificate of title is not conclusive upon the rights of an owner or
2secured party named in the old certificate.
AB133-ASA1,1052,5
3(4) (a) In all cases of the transfer of a mobile home owned by a decedent, except
4under par. (b), ward, trustee or bankrupt, the department shall accept as sufficient
5evidence of the transfer of ownership all of the following:
AB133-ASA1,1052,86
1. Evidence satisfactory to the department of the issuance of the letters of
7administration, letters testamentary, letters of guardianship, letters of trust or
8appointment of the trustee in bankruptcy.
AB133-ASA1,1052,99
2. The title executed by such administrator, executor, guardian or trustee.
AB133-ASA1,1052,1210
(b) 1. The department shall transfer the decedent's interest in any mobile home
11to his or her surviving spouse upon receipt of the title executed by the surviving
12spouse and a statement by the spouse which shall state all of the following:
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.