101.91(2h)
(2h) "Manufactured home salesperson" means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes.
101.91(2k)
(2k) "Mobile home" means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
101.91(5)
(5) "New manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
101.91(6)
(6) "Used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
101.91 Annotation
The definition of "manufactured home" under this section is inapplicable to determining whether a person is a mobile home dealer under s. 218.10. State v. Edlebeck,
196 Wis. 2d 744,
539 N.W.2d 469 (Ct. App. 1995).
101.92
101.92
Departmental powers and duties. The department:
101.92(1)
(1) Shall adopt, administer and enforce rules for the safe and sanitary design and construction of manufactured homes that are manufactured, distributed, sold or offered for sale in this state.
101.92(1m)
(1m) Shall promulgate rules prescribing minimum installation standards for pier installation of new manufactured homes. The rules shall be consistent with the standards for pier installation established by the American National Standards Institute and the manufactured housing industry trade organizations.
101.92(2)
(2) Shall license all manufacturers desiring to sell or distribute for sale manufactured homes in this state.
101.92(3)
(3) Shall review annually the rules adopted under this subchapter.
101.92(4)
(4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules adopted under this subchapter.
101.92(5)
(5) Shall establish standards for certification of inspection and testing agencies which shall include standards for in-plant inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and for issuance of or acceptance of a label of approval.
101.92(6)
(6) May enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of manufactured homes where the laws or rules of other states meet the intent of this subchapter and where the laws or rules are actually enforced.
101.92(7)
(7) Shall establish a staff for the administration and enforcement of this subchapter.
101.92(8)
(8) May revoke the license of any manufacturer who violates this subchapter or any rules promulgated thereunder.
101.92(9)
(9) Shall promulgate rules and establish standards necessary to carry out the purposes of
ss. 101.953 and
101.954.
101.9202(1)
(1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
101.9202(2)
(2) A lien given by statute to the United States, this state or any political subdivision of this state.
101.9202(3)
(3) A security interest in a manufactured home created by a manufactured home dealer or manufacturer who holds the manufactured home for sale, which shall be governed by the applicable provisions of
ch. 409.
101.9202 History
History: 1999 a. 9,
53.
101.9203
101.9203
When certificate of title required. 101.9203(1)
(1) The owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under
s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.
101.9203(2)
(2) Any owner who situates in this state a manufactured home for which a certificate of title is required without the certificate of title having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate of title is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.
101.9203(3)
(3) Unless otherwise authorized by rule of the department, a nonresident owner of a manufactured home situated in this state may not apply for a certificate of title under this subchapter unless the manufactured home is subject to a security interest or except as provided in
s. 101.9209 (1) (a).
101.9203 History
History: 1999 a. 9,
53.
101.9204
101.9204
Application for certificate of title. 101.9204(1)
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:
101.9204(1)(b)
(b) A description of the manufactured home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the manufactured home.
101.9204(1)(c)
(c) The date of purchase by the applicant, the name and address of the person from whom the manufactured home was acquired and the names and addresses of any secured parties in the order of their priority.
101.9204(1)(d)
(d) If the manufactured home is a new manufactured home being titled for the first time, the signature of the manufactured home dealer. The document of origin shall contain the information specified by the department.
101.9204(1)(e)
(e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the manufactured home.
101.9204(1)(f)
(f) If the identification number of the manufactured home has been removed, obliterated or altered, or if the original casting has been replaced, or if the manufactured home has not been numbered by the manufacturer, the application for certificate of title shall so state.
101.9204(1)(g)
(g) If the manufactured home is a used manufactured home that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the the department, pertaining to the title history and ownership of the manufactured home.
101.9204 Note
NOTE: Par. (g) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
101.9204(2)
(2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both.
101.9204 History
History: 1999 a. 9,
53,
185; s. 13.93 (2) (c).
101.9205
101.9205
When department to issue certificate and to whom; maintenance of records. 101.9205(1)
(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 manufactured home.
101.9205(2)
(2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:
101.9205(2)(b)
(b) Alphabetically, according to the name of the owner.
101.9205(2)(c)
(c) In any other manner that the department determines to be desirable.
101.9205(3)
(3) The department shall charge a fee of not less than $2 for conducting a file search of manufactured home title records.
101.9205 History
History: 1999 a. 9,
53,
185.
101.9206
101.9206
Contents of certificate of title. 101.9206(1)
(1) Each certificate of title issued by the department shall contain all of the following:
101.9206(1)(b)
(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.
101.9206(1)(c)
(c) The title number assigned to the manufactured home.
101.9206(1)(d)
(d) A description of the manufactured home, including make, model and identification number.
101.9206(1)(e)
(e) Any other data that the department considers pertinent and desirable.
101.9206(2)(a)(a) The certificate of title shall contain spaces for all of the following:
101.9206(2)(a)2.
2. Reassignment and warranty of title by a manufactured home dealer.
101.9206(2)(b)
(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.
101.9206(3)(a)(a) Unless the applicant fulfills the requirements of
par. (b), the department shall issue a distinctive certificate of title for a manufactured 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 manufactured 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 manufactured 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.
101.9206(3)(b)
(b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:
101.9206(3)(b)1.
1. The applicant is a manufactured 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.
101.9206(3)(b)2.
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 manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the 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 for the 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 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 manufactured home.
101.9206(4)
(4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
101.9206(5)
(5) The department may issue a certificate of title in an automated format.
101.9206 History
History: 1999 a. 9,
53,
185.
101.9207
101.9207
Lost, stolen or mutilated certificates. 101.9207(1)
(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".
101.9207(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.
101.9207 History
History: 1999 a. 9.
101.9208(1)(1) The department shall be paid the following fees:
101.9208(1)(a)
(a) For filing an application for the first certificate of title, $8.50, by the owner of the manufactured home.
101.9208(1)(b)
(b) Upon filing an application under
par. (a) or
(d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under
par. (a) or
(d) on or after September 1, 2000, 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.
101.9208(1)(c)
(c) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $4 by the owner of the manufactured home.
101.9208(1)(d)
(d) For a certificate of title after a transfer, $8.50, by the owner of the manufactured home.
101.9208(1)(dm)
(dm) Upon filing an application under
par. (a) or
(d), a supplemental title fee of $7.50 by the owner of the manufactured home, except that this fee shall be waived with respect to an application under
par. (d) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section.
101.9208(1)(f)
(f) For each assignment of a security interest noted upon a certificate of title, $1 by the assignee.
101.9208(1)(g)
(g) For a replacement certificate of title, $8, by the owner of the manufactured home.
101.9208(1)(h)
(h) For processing applications for certificates of title that 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.
101.9208(1)(i)
(i) For the reinstatement of a certificate of title previously suspended or revoked, $25.
101.9208(2)
(2) All fees collected under
sub. (1), except fees collected under
sub. (1) (b), shall be deposited in the transportation fund.
101.9208 History
History: 1999 a. 9,
53,
185.
101.9209
101.9209
Transfer of interest in a manufactured home. 101.9209(1)(a)(a) If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured 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.
