05 LC 29
1735
Senate
Bill 252
By:
Senator Smith of the 52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official
Code of Georgia Annotated, relating to general provisions relative to
manufactured or mobile homes, so as to change certain provisions relating to
requirements for Certificate of Permanent Location; to change certain provisions
relating to recording documents in connection with a Certificate of Permanent
Location; to provide alternative methods for obtaining a Certificate of
Permanent Location; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Subpart
1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to general provisions relative to manufactured or mobile
homes, is amended by striking Subpart 1 and inserting in lieu thereof the
following:
"Subpart
1
8-2-180.
As
used in this part, the term:
(1)
'Clerk of superior court' means the clerk of the superior court of the county in
which the property to which the home is or is to be affixed is
located.
(2)
'Commissioner of motor vehicle safety' includes any county tax commissioner when
so authorized by the commissioner of motor vehicle safety to act on his or her
behalf in carrying out the responsibilities of this part.
(3)
'Home' means a manufactured home
or mobile
home.
(4)
'Manufactured home' has the meaning specified in paragraph (4) of Code Section
8-2-160.
(5)
'Mobile home' has the meaning specified in paragraph (6) of Code Section
8-2-160.
8-2-181.
(a)
A
Except as
provided in subsection (a.1), a
manufactured home
or mobile
home shall constitute personal property
and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3
of Title 40, until such time as the home is converted to real property as
provided for in this part.
(a.1)(1)
For any manufactured home that is permanently affixed to real property and for
which the owner´s original certificate of title has been lost, stolen, or
otherwise mislaid, or where the owner does not have the manufacturer´s
certificate of origin, the owner may execute an affidavit as the holder of
record of such title and shall so swear in such affidavit, which affidavit shall
be recorded in the same manner as other instruments affecting the real property
described in the Certificate of Permanent Location and shall charge and collect
the fees usually charged for recording deeds and other instruments relating to
real estate. Such affidavit shall be indexed under the name of the current owner
of the real property in both the grantor and grantee indexes. The clerk shall
provide the owner with a certified copy of the affidavit, reflecting its filing,
and shall charge and collect the fees usually charged for the provision of
certified copies of documents relating to real estate, as other instruments in
the execution docket and shall be in the following form:
__________
County, Georgia
Affidavit
of Title for Manufactured Home
The
original certificate of title for the manufactured home having been lost or
destroyed and the undersigned being the present owner of such home the clerk of
such superior court is authorized and directed to make an entry of this
affidavit in lieu of a certificate of title.
In
witness whereof, the undersigned has set his or her hand and seal, this ____ day
of ___________, ____.
_____________________(SEAL)
Signature____________________
Signature____________________
Signed,
sealed, and
delivered
on the
date
above shown
_____________________
Notary Public
(SEAL)
My
commission expires:___________________.
Such
affidavit may be used in lieu of a certificate of title in converting the home
to real property as provided for in this part.
(2)
Any person who files an affidavit in accordance with paragraph (1) of this
subsection which affidavit is fraudulent shall be guilty of a felony and shall
be punished by imprisonment for not less than one year nor more than three years
or by a fine of not less than $1,000.00 nor more than $5,000.00, or
both.
(b)
A manufactured home
or mobile
home shall become real property
if:
(1)
The home is or is to be permanently affixed on real property and one or more
persons with an ownership interest in the home also has an ownership interest in
such real property; and
(2)
The owner of the home and the holders of all security interests therein execute
and file a Certificate of Permanent Location:
(A)
In the real estate records of the county where the real property is located;
and
(B)
With the commissioner of motor vehicle
safety,
provided the owner of the home has been issued a certificate of
title.
(c)
The Certificate of Permanent Location shall be in a form prescribed by the
commissioner of motor vehicle safety and shall include:
(1)
The name and address of the owner of the home;
(2)
The names and addresses of the holders of any security interest in and of any
lien upon the home;
(3)
The title number assigned to the home;
(4)
A description of the real estate on which the home is or is to be located,
including the name of the owner and a reference by deed book and page number to
the chain of title of such real property; and
(5)
Any other data the commissioner of motor vehicle safety prescribes.
8-2-182.
(a)
When a Certificate of Permanent Location is properly filed with the clerk of
superior court, the clerk shall record such certificate in the same manner as
other instruments affecting the real property described in the certificate and
shall charge and collect the fees usually charged for recording deeds and other
instruments relating to real estate. Such certificate shall be indexed under the
name of the current owner of the real property in both the grantor and grantee
indexes. The clerk shall provide the owner with a certified copy of the
certificate
Certificate of
Permanent Location, reflecting its filing,
and shall charge and collect the fees usually charged for the provision of
certified copies of documents relating to real estate.
(b)
Upon receipt of a certified copy of a properly executed Certificate of Permanent
Location, along with the certificate of title,
if
applicable, the commissioner of motor
vehicle safety shall file and retain a copy of such
certificate
Certificate of
Permanent Location together with all other
prior title records related to the home. When a properly executed
certificate
Certificate of
Permanent Location has once been filed,
the commissioner of motor vehicle safety shall accept no further title filings
with respect to that home, except as may be necessary to correct any errors in
the department´s records and except as provided in Subparts 2 and 3 of this
part.
(c)
When a Certificate of Permanent Location is so filed, the commissioner of motor
vehicle safety shall issue to the clerk of the superior court with whom the
original Certificate of Permanent Location was filed confirmation by the
commissioner of motor vehicle safety that the
certificate
Certificate of
Permanent Location has been so filed and
the certificate of title has been surrendered.
(d)
Upon receipt of confirmation of the filing of the Certificate of Permanent
Location from the commissioner of motor vehicle safety
or upon
receipt of the affidavit as provided in subsection (a.1) of Code Section
8-2-181, the clerk of superior court shall
provide a copy of the Certificate of Permanent Location to the appropriate board
of tax assessors or such other local official as is responsible for the
valuation of real property.
8-2-183.
(a)
When a Certificate of Permanent Location has been properly filed with the clerk
of superior court, a certified copy thereof properly filed with the commissioner
of motor vehicle safety
if
applicable, and the certificate of
title, if
any, is surrendered, the home shall become
for all legal purposes a part of the real property on which it is located.
Without limiting the generality of the foregoing, the home shall be subject to
transfer by the owner of the real property, subject to any security interest in
the real property and subject to foreclosure of any such interest, in the same
manner as and together with the underlying real property.
(b)
When a home has become a part of the real property as provided in this part, it
shall be unlawful for any person to remove such home from the real property
except with the written consent of the owner of the real property and the
holders of all security interests in the real property and in strict compliance
with the requirements of Subpart 2 of this part. Any person who violates this
subsection shall be guilty of a misdemeanor of a high and aggravated
nature."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.