Title and Registration Sections Manufactured Homes

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1 Manufactured Homes Presented by: Colorado Department of Revenue Title & Registration Sections

2 Entities and Agencies Lender Owner County Recorder Dealer County Assessor Manufacturer State Title Section County Treasurer County Motor Vehicle 2

3 Roles for MH County Motor Vehicle Processes Titles Submits original documents to the State Title Section Forwards copies of manufactured home documents to County Recorder and County Assessor State Title Section Verifies Title documents Processes State Title Records to include Title Record Searches Purged Ad Valorem Tax Sale Holds on Titles Tax Redemptions 3

4 Roles for MH County Recorder Accept and review ownership documents Records property documents Forwards information to County Assessor Provides property records for researching information of recorded documents 4

5 State Title Section Forms DR 2001 Colorado Certificate of Title DR 2574 Application for Certificate of Title for a Motor Vehicle (Bar Code) DR 2395 Title and/or Registration Application DR 2698 Verification of Vehicle Identification Number DR 2503 Assignment of Manufactured Home Identification Number DR 2180 Owner s Request to Purge a Manufactured Home DR 2171 Lender s Request to Purge a Manufactured Home DR 2695 Manufactured Home Redemption Remittance Form DR 2444 Statement of Fact DR 2116 Motor Vehicle Bill of Sale for Purged Colorado Title DR 2922 Title or Salvage Title Established by Surety Bond (Checklist) DR 2463 In Lieu of Bond for MH Over 25 Years Old and Older (Checklist) DR 2394 Bond Statement Guide & In Lieu of Bond Affidavit DR 2539 Title Information Request and Receipt DR 2489 Requestor Release and Affidavit of Intended Use DR 2393 Certification of Extension of Chattel Mortgage 5

6 Division of Property Taxation Assessor Forms Posted on the Colorado Department of Local Affairs web site Several counties have also posted the forms on both their County Clerk (Recorder) and Assessor web sites Forms by Name: Manufactured Home Transfer Declaration (MHTD) Certificate of Permanent Location Certificate of Permanent Location subject to a Long-Term Lease Affidavit of Real Property Certificate of Removal Certificate of Destruction 6

7 Additional Forms The following forms are generated and are completed as a result of the process: Authentication of Paid Ad Valorem Taxes Confirmation Letter of Purged Ad Valorem for a Manufactured Home Title Rejection Letter Regarding Purged Ad Valorem of Manufactured Home Title Record and History Search Results Tax Lien Sale Manufactured Home Certificate of Sale Manufactured Home Certificate of Ownership 7

8 Flow Charts Flow Charts developed by representatives from the Task Force to assist in understanding the variety of processes for manufactured homes Posted in the CSTARS Information Icon Provides a guide for each process, role, and paperwork involved 8

9 Transfer of Ownership for Manufactured Homes Title and Registration Sections MH can be placed on a temporary location and then titled by the State Title Section Is not licensed (registered) as a vehicle or MH can be placed on a permanent location and established as real property with proper documentation Future transfer of ownership through Deed 9

10 MH on a Temporary Foundation 10

11 Manufactured/Mobile Home on a Temporary Foundation Ownership established through issuance of a Colorado Certificate of Title Titled manufactured homes are generally located in manufactured home parks Manufactured homes temporarily located on private property are also titled 11

12 Manufactured/Mobile Home Title Title Manual Section 23 Documents and information needed to establish Title: Ownership document MSO or Title Original Authentication of Paid Ad Valorem Taxes Purchase price of Manufactured Home Proof of Sales Tax paid when applicable Loan document must contain maturity date of lien VIN Inspection is not required on an out-of-state MH Auth of Paid Ad Valorem Taxes 12

13 Manufactured/Mobile Home Title Exceptions: Authentication of Paid Ad Valorem Taxes is not required for the following transactions: Legal Name Change When a name is to be added or deleted, and at least one owner remains the same Refinance Military Exemption Property Tax On a MSO when the assignment from the dealer is less than six months old *Note: If the dealer assignment is more than six months from application date an Authentication of Paid Ad Valorem Taxes is required Auth of Paid Ad Valorem Taxes 13

14 Manufactured/Mobile Home Title The County Motor Vehicle will complete the title transaction on the CSTARS computer system The original required title documents are submitted to the State Title Section 1 st Print with SVID Auth of Paid Ad Valorem Taxes A photocopy of the front and back of the submitted title and the 2 nd print of the DR 2574 Application for a Certificate of Title to a Motor Vehicle (Bar Code) are required to be recorded by the County Recorder 2 nd Print no SVID Copy Title Front Copy Title Back 14

15 Manufactured/Mobile Home Title The County Recorder will forward to the County Assessor The recorded documentation The completed Manufactured Home Transfer Declaration (MHTD) form *Note: The MHTD is not required to be recorded 2nd Print no SVID Copy Title Front Copy Title Back MHTD The County Assessor uses this documentation to establish value for property taxation 15

16 Identification Number Terms VIN is a motor vehicle term referring to a Vehicle Identification Number Serial Number is a standard County Assessor/Treasurer term referring to an Identification Number of a MH Manufactured Home forms use both terms referring to the same Identification Number 16

17 Double-Wide Manufactured Homes A double-wide MH may have an MSO for each side with the same identification number Both MSOs are surrendered to create one Title The last character on one MSO may indicate side A The last character on the other MSO may indicate side B These numbers are combined to create one identification number Example: 12345A B = 12345AB + = = 17

18 Connected Manufactured Homes Two separate MSO s with consecutive or different numbers such as 128 and 129 do not indicate a double-wide and each unit will require a separate title

19 MH VIN Inspections VIN Inspections for MH may be completed by: County Clerk (Authorized Agent) Colorado Law Enforcement Officer Dealer registered to sell Manufactured Homes MH Dealer can only inspect MH (no motor vehicles) County Assessor Can only inspect MH (no motor vehicles) A MH VIN Inspector may charge a fee for the inspection: The fee shall not exceed a reasonable cost related to the inspection MH Inspector shall inform owner of the amount before commencing any VIN inspection activities 19

20 Modular Home Physical Verification Factory-built and constructed in compliance with the building codes adopted by the Division of Housing in the Department of Local Affairs County Building Department and/or Planning and Zoning The building code is the same as for stick-built home Universal Building Code (UBC) prior to 2003 International Residential Code (IRC) or International Building Code (IBC) 2003 & after Inside there should be a silver UBC, IRC, or IBC tag (normally found under kitchen sink) Generally do not have a VIN Modular Homes are not Titled Ownership is only transferred by Deed 20

21 MH Identification (ID) Number Missing A MH VIN Inspector may determine that the Identification Number has been removed, changed, altered, or obliterated County Assessor records may be used to establish year Make may be visible at inspection Inspector notes appropriate information and that the actual VIN is not legible or is missing The MH Owner shall then request a new ID Number from the County Motor Vehicle A new VIN inspection may be necessary to indicate that the assigned ID Number has been affixed Bond needs to indicate new ID Number when applicable County Assessor records may be updated to indicate new VIN information 21

22 DR 2503 Assignment of Title and Registration Sections Manufactured Home ID Number Documents Required: DR 2503 Assignment of Manufactured Home Identification Number DR 2698 Verification of Vehicle Identification Number Indicating no VIN or ID Number The County Motor Vehicle will issue the ID Number A title is not required to issue an ID Number Owner must affix VIN plate to MH Fuse Box or Door Frame 22

23 MH Permanently Affixed to Ground 23

24 MH Permanently Affixed to Ground 24

25 Manufactured Home Title and Registration Sections Permanently Affixed to Ground MH is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways CRS (3)(b) When permanently affixed on or after July 1, 2008, the owner must file a Certificate of Permanent Location Requires that at least one of the owners of the MH also be an owner of the real property 25

26 Certificate of Permanent Location County Assessor Form used to establish ownership for Real Property when a MH is permanently affixed to ground on or after July 1, 2008 Detailed instructions print as additional page County Recorder records the documents and forwards the information to the County Assessor MH is then assessed with land as Real Property on one account 26

27 New MH with MSO Permanently Affixed to Ground on or after July 1, 2008 Check VIN on County Motor Vehicle CSTARS computer system If a record is found by the VIN a title may exist and require further consideration When there is no record on the system then no title will be processed with the State Title Section Ownership documents will be recorded through the County Recorder *Note: When the Invoice or Bill of Sale (BOS) indicates that Sales Tax is due Sales Tax can be processed on CSTARS in the Permit Screen Cert of Perm Location MSO BOS and/or Invoice 27

28 New MH with MSO Permanently Affixed to Ground on or after July 1, 2008 The County Recorder records the following: Certificate of Permanent Location Photocopy of the MSO front and back The County Clerk will then destroy the original MSO Photocopy of the Bill of Sale Recorded documents are forwarded to the County Assessor with the MHTD Future transfers of ownership are handled by Deed Cert of Perm Location Copy MSO Front Copy MSO Back BOS and/or Invoice MHTD 28

29 Used MH with a Colorado Title Permanently Affixed to Ground on or after July 1, 2008 Filing Requirements: Certificate of Permanent Location Photocopy of the Colorado Title Front and back Confirmation Letter of Purged Ad Valorem for a MH Title Documents to send to State Title Section: Original Colorado Title DR 2180 Owner s Request to Purge A Manufactured Home DR 2171 Lender s Request to Purge a Manufactured Home (when applicable) Cert of Perm Location Copy Title Copy Front Title Back DR 2180 Confirm Letter of Purged Ad Valorem DR

30 DR 2180 Owner s Request to Purge a Manufactured Home State Title Section form used to request a purge of a Colorado Title when a titled MH is permanently affixed State Title Master Record is marked Purged Ad Valorem Future ownership is established by County Assessor Forms and documents recorded in the County Certificate of Permanent Location Deed Title and Registration Sections 30

31 DR 2171 Lender s Request to Purge a Manufactured Home When an active lien is noted on a Colorado Title the Lender is also required to complete a request to purge the title When a lien is released on the face of the Colorado Title this form is not required New loans are filed by recording loan documents with the County Recorder Example: Deed of Trust Title and Registration Sections 31

32 Confirmation Letter of Purged Ad Valorem for a Manufactured Home Title Provides documentation verifying a Purged Ad Valorem of a MH Title No active title record on the State Title Master Record Future ownership is transferred by Deed Includes instructions for County Motor Vehicle to flag the record on their local CSTARS computer system 32

33 Used MH Permanently Affixed to Ground on or after July 1, 2008 Title and Registration Sections When an active title record exists an application for Colorado Title is required to create the Purged Ad Valorem flag on the State Master Title Record Once the Colorado Title is available The County Motor Vehicle and State Title Section will complete the Purged Ad Valorem of a MH Title procedure The County Recorder then records the following: Certificate of Permanent Location Photocopy of the Title front and back Confirmation Letter of Purged Ad Valorem for a MH Title Recorded documents are sent to the County Assessor with the MHTD Future transfers of ownership are then handled by Deed Purged Ad Valorem 33

34 Certificate of Permanent Location for a MH Subject to a Long-Term Land Lease County Assessor form used to establish ownership for Real Property when a MH Subject to a Long-Term Land Lease (of at least 10 years) is permanently affixed to ground on or after July 1, 2008 Includes detailed instructions County Recorder then records the required documents and forwards the information to the County Assessor MH is then assessed with the Land as Real Property on one account 34

35 Bond Title for a Manufactured Home DR 2922 Title or Salvage Title Established by Surety Bond Checklist Includes steps for both MH and Motor Vehicle The steps for a MH differ from the Motor Vehicle requirements in the following ways: DR 2698 VIN Verification is acceptable for MH Authentication of Paid Ad Valorem Taxes is required When a MH is abandoned a court order is required Proof of Ownership of the Real Property (copy of Deed) Appraisal for a MH is required to be from the County Assessor s Records Bond is required to be an amount equal to twice the County Assessor s Actual Value of the MH Exception: MH that is 25 years old or older does not require a Surety Bond Use the DR 2463 In Lieu of Bond for Manufactured Homes 25 Years Old or Older Checklist 35

36 Bond and In Lieu of Bond Title for a Manufactured Home Reason process is necessary and criteria to proceed: Ownership documents are not available or are incorrect Applicant must have possession of the MH MH must be physically located in Colorado Additional required documentation: Record Search Search results and validated DR 2539 Title Information Request and Receipt form Notification to Owner/Lienholder of Record Lien Release when applicable DR 2394 Older Vehicle in Lieu of Bond Affidavit 36

37 Bond Statement for MH Already Permanently Affixed Title and Registration Sections When applying for a Bond Title to complete a Purged Ad Valorem of a MH Title process The DR 2394 Bond Statement Guide should explain that the applicant is completing the Bond process to comply with the Purged Ad Valorem requirements When the statement only indicates that the MH is already permanently affixed the assumption is that a title is not applicable and ownership is already being established through Deed 37

38 MH Abandoned on Real Property Requirements for Title A MH abandoned on a Title Applicant s Real Property requires the following additional documentation for a Colorado Certificate of Title Court Order (through a civil eviction proceeding) Proof of Ownership of the Real Property Copy of Deed for the land where the MH is located Court Order 38

39 MH Permanently Affixed Prior to July 1, 2008 Title and Registration Sections 39

40 MH Permanently Affixed Prior to July 1, 2008 Title and Registration Sections Requires verification concerning existence of a Colorado Title on CSTARS computer system County Motor Vehicle checks local system They may also request the State Title Section to conduct a record search of the State Master Title Record When a title record is found the establishment or transfer of ownership will require title procedures such as Duplicate Title, Bond, etc. Once a Colorado Title is established the Certificate of Permanent Location procedure is used to establish real property for a permanently affixed MH When no active record is found the Affidavit of Real Property is used to identify real property assessment 40

41 MH Permanently Affixed to Ground Being Moved and/or Destroyed 41

42 Certificate of Removal for a MH County Assessor Form used when removing a MH that was permanently affixed Includes detailed instructions An Authentication of Paid Ad Valorem Taxes issued by the County Treasurer must be attached for verification purposes The completed Certificate of Removal for a MH is recorded in the county where the MH is located The County Assessor then removes the MH from the current property tax record The MH owner shall apply for a Colorado Certificate of Title and the applicable documents for this process will be recorded The County Assessor will then add the MH to the property tax record for the new owner and/or location 42

43 Title Created From Certificate of Permanent Location MH permanently affixed to ground on or after July 1, 2008 Certificate of Permanent Location was filed and recorded Title Applicant shall provide: Copy of the recorded Certificate of Permanent Location DR 2698 VIN Inspection Certificate of Removal Copy of all Deeds recorded since the MH was permanently affixed to the ground 43

44 Title Created From Affidavit of Real Property Title and Registration Sections MH permanently affixed to ground prior to July 1, 2008 Certificate of Permanent Location or Certificate of Permanent Location Subject to a Long-Term Land Lease were not filed and recorded Title Applicant shall provide: Copy of the recorded Affidavit of Real Property DR 2698 VIN Inspection Certificate of Removal Copy of all Deeds recorded since the MH was permanently affixed to the ground 44

45 MH Certificate of Destruction County Assessor Form required when a MH is destroyed, dismantled, sold as salvage, or otherwise disposed of on or after July 1, 2008 Includes detailed instructions The MH Certificate of Destruction must be recorded in the county where the MH was located Recorded document is then provided to the County Assessor to remove MH from property tax records 45

46 MH Certificate of Destruction A property owner on whose property a MH is situated may file a Certificate of Destruction if the MH is destroyed, dismantled, sold or otherwise disposed of as salvage on or after July 1, 2008 Government entities may deem a MH materially dangerous or materially hazardous If so deemed, the property owner may file a Certificate of Destruction without surrendering a Certificate of Title accompanied by the evidence of the violation A Tax Authentication or Certificate of Taxes Due is not required for this specific procedure 46

47 MH Destroyed in a MH Park or Private Property (not permanently affixed) If there is no Government declaration of the MH being materially dangerous or hazardous and an active Colorado Certificate of Title is on record then the title must be surrendered When the title is not available, the owner must use one of the following to obtain a title: Duplicate Title or Purged Bill of Sale process or Bond for title or In Lieu of Bond for MH 25 years old or older or Certificate of Ownership (County Treasurer s Deed) 47

48 Manufactured Home Removed from a Permanent Location and Destroyed The owner or lienholder will submit the following documentation to their County Motor Vehicle: Certificate of Removal Certificate of Destruction Recorded copy of Affidavit of Real Property MH was affixed prior to July 1, 2008 or Recorded copy of Certificate of Permanent Location MH was affixed on or after July 1, 2008 The County Recorder will record the documentation and forward the information to the County Assessor 48

49 Manufactured Home Removed from a Permanent Location and Destroyed The County Motor Vehicle will forward the following documentation to the State Title Section: Photocopy of Certificate of Removal Photocopy of Certificate of Destruction Recorded copy of Affidavit of Real Property MH was affixed prior to July 1, 2008 or Recorded copy of Certificate of Permanent Location MH was affixed on or after July 1, 2008 The State Title Section will verify the State Master Title Record to confirm that there is no active title record for the MH 49

50 Affixed MH Destroyed on Site The owner or lienholder will submit the following documentation to their County Motor Vehicle: Certificate of Destruction Certificate of Taxes Due The County Recorder will record the documentation and forward the information to the County Assessor The County Motor Vehicle will forward photocopies of this documentation to the State Title Section The State Title Section will verify the State Master Title Record to confirm that there is no active title record for the MH 50

51 Landlord Eviction Procedure when not applying for a Certificate of Title MH occupies Real Property subject to a Long-Term Land Lease that has an express term of at least 10 years pursuant to CRS (2.5)(a)(b) Landlord is evicting the tenant who owns the MH Within 20 days after removing the MH the Landlord files the following documents with the County Recorder to be recorded: Certificate of Removal Copy of Court Order for Possession (Eviction) Address of the location to which the MH has been moved 51

52 MH Certificate of Ownership When the original MH owner does not pay the delinquent taxes within the allotted timeframe, the County Treasurer issues a Certificate of Ownership to the new buyer from the Tax Lien Sale This Certificate of Ownership is then processed by the new MH owner with the County Motor Vehicle for issuance of a Colorado Certificate of Title 52

53 Liens on MH 53

54 Liens on MH A Colorado Certificate of Title will indicate a Lienholder on the front Liens are filed as part of the titling procedure Loan documents need to indicate a maturity date Liens can be extended 3 years DR 2393 Certification of Extension of Chattel Mortgage MH permanently affixed Liens are noted on recorded documents Deed of Trust DR 2393 Loan Document 54

55 Questions???? 55