CHAPTER 6. MANUFACTURED HOMES
IC 9-17-6
Chapter 6. Manufactured Homes
IC 9-17-6-1
Certificate of title; requirement
Sec. 1. A person who owns a manufactured home that is:
(1) personal property not held for resale; or
(2) not attached to real estate by a permanent foundation;
shall obtain a certificate of title for the manufactured home under this
chapter.
As added by P.L.2-1991, SEC.5. Amended by P.L.106-2007, SEC.1.
IC 9-17-6-2
Application; contents
Sec. 2. A person applying for a certificate of title under this
chapter must submit an application on a form furnished by the bureau
that contains the following information:
(1) A full description of the manufactured home.
(2) A statement of the person's title and of any lien or
encumbrance upon the manufactured home.
(3) The following printed statement:
"I swear or affirm that the information that I have entered on
this form is correct. I understand that making a false
statement on this form may constitute the crime of perjury.".
(4) The signature of the person applying for the certificate of
title directly under the statement set forth in subdivision (3).
(5) The following numbers, if the numbers are available:
(A) A unique serial number assigned by the manufacturer to
the manufactured home.
(B) The certification label number required by the United
States Department of Housing and Urban Development for
the manufactured home.
If neither the number described in clause (A) nor the number
described in clause (B) is available, the bureau may issue a
special identification number for the manufactured home.
(6) Any other information required under rules adopted under
IC 4-22-2 by the bureau.
As added by P.L.2-1991, SEC.5. Amended by P.L.106-2007, SEC.2.
IC 9-17-6-3
Repealed
(Repealed by P.L.106-2007, SEC.7.)
IC 9-17-6-4
Certificate of title previously issued; manufacturer's certificate of
origin; documents accompanying application
Sec. 4. If a certificate of title:
(1) has been previously issued for a manufactured home in
Indiana, an application for a certificate of title must be
accompanied by the certificate of title; or
(2) has not previously been issued for a manufactured home in
Indiana, the application must be accompanied by a
manufacturer's certificate of origin as provided in IC 9-17-8.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-5
Out-of-state homes brought into Indiana; documents
accompanying application
Sec. 5. If the application for a certificate of title is for a
manufactured home brought into Indiana from another state, the
application must be accompanied by:
(1) the certificate of title issued for the manufactured home by
the other state if the other state has a certificate of title law; or
(2) a sworn bill of sale or dealer's invoice fully describing the
manufactured home and the most recent registration receipt if
the other state does not have a certificate of title law.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-6
Security interests; application of U.C.C. provisions
Sec. 6. Except as otherwise provided, IC 26-1-9.1 applies to a
security interest in a manufactured home.
As added by P.L.2-1991, SEC.5. Amended by P.L.57-2000, SEC.4.
IC 9-17-6-7
Perfection of security interests
Sec. 7. A security agreement covering a security interest in a
manufactured home that is not inventory held for sale may only be
perfected by indicating the security interest on the certificate of title
or duplicate certificate of title for the manufactured home issued by
the bureau.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-8
Secured parties; application for certificate of title; notation of
security interest
Sec. 8. (a) A secured party that:
(1) submits a properly completed application for a
manufactured home certificate of title to the bureau; and
(2) pays the fee required by IC 9-29 for a certificate of title;
may have a notation of a security interest in the manufactured home
made on the face of the certificate of title issued by the bureau.
(b) The bureau shall do the following:
(1) Enter the notation and the date of the notation on the
certificate of title.
(2) Make a corresponding entry in the bureau's records.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-9
Discharge of security interests; note of discharge on certificate
Sec. 9. When a security interest indicated on a certificate of title
to a manufactured home is discharged, the person who holds the
security interest shall note the discharge of the security interest over
the person's signature on the certificate of title.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-10
Evidence of title; retention by bureau
Sec. 10. The bureau shall retain the evidence of title presented by
an applicant upon which the Indiana certificate of title is issued.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-11
Review of application by bureau; reasonable diligence
Sec. 11. The bureau shall use reasonable diligence in determining
if the facts stated in an application for a certificate of title are true.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-12
Issuance of certificate of title
Sec. 12. If the bureau is satisfied that the person applying for the
certificate of title is the owner of the manufactured home or is
otherwise entitled to have the manufactured home titled in the
person's name, the bureau shall issue an appropriate certificate of
title over the signature of the bureau and sealed with the seal of the
bureau.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-13
Delivery of certificate of title to owner
Sec. 13. (a) If a lien or an encumbrance does not appear on the
certificate of title, the bureau shall deliver a certificate of title to the
person who owns the manufactured home.
(b) If a lien or an encumbrance appears on the certificate of title,
the bureau shall deliver the certificate of title to the person named to
receive the certificate of title in the application for the certificate of
title.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-14
Validity of certificate; term
Sec. 14. A certificate of title is valid for the life of the
manufactured home as long as the manufactured home is owned or
held by the original holder of the certificate of title.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-15
Renewal of certificate
Sec. 15. A certificate of title described under this chapter does not
have to be renewed except as otherwise provided.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-15.1
Affidavit of transfer to real estate; application; rules
Sec. 15.1. (a) A person who:
(1) holds a certificate of title for;
(2) holds a certificate of origin for; or
(3) otherwise owns as an improvement;
a manufactured home that is attached to real estate by a permanent
foundation may apply for an affidavit of transfer to real estate with
the bureau. However, a person described in this subsection is not
required to apply for an affidavit of transfer to real estate to convert
a manufactured home that is attached to real estate by a permanent
foundation to an improvement upon the real estate upon which it is
located.
(b) An application for an affidavit of transfer to real estate must
contain the following:
(1) A full description of the manufactured home, including:
(A) a description; and
(B) the parcel number;
of the real estate to which the manufactured home is attached.
(2) One (1) or more of the following numbers:
(A) A unique serial number assigned by the manufacturer to
the manufactured home.
(B) The certification label number required by the United
States Department of Housing and Urban Development for
the manufactured home.
(C) A special identification number issued by the bureau for
the manufactured home.
(3) An attestation by the owner of the manufactured home that
the manufactured home has been permanently attached to the
real estate upon which it is located.
(c) The bureau shall adopt rules under IC 4-22-2 to implement this
section.
(d) A certificate of title or a certificate of origin is not required for
a person who applies for an affidavit of transfer to real estate under
this section.
As added by P.L.106-2003, SEC.2. Amended by P.L.106-2007,
SEC.3.
IC 9-17-6-15.3
Affidavit of transfer to real estate; recording
Sec. 15.3. Upon receipt from the person filing the affidavit of
transfer to real estate, with the accompanying retired certificate of
title, if available, the recorder of the county in which the
manufactured home is located shall record the affidavit in the manner
required by IC 36-2-11-8, provided that the auditor of the county has
performed the endorsement required by IC 36-2-9-18.
As added by P.L.106-2003, SEC.3. Amended by P.L.106-2007,
SEC.4.
IC 9-17-6-15.5
Application of transfer to real estate; conversion of manufactured
home to real estate
Sec. 15.5. The filing in the appropriate county recorder's office of
the affidavit of transfer to real estate with the retired certificate of
title, if available, is deemed a conversion of the manufactured home
that is attached to real estate by a permanent foundation to an
improvement upon the real estate upon which it is located. However,
a filing under this section is not required for a person who converts
a manufactured home that is attached to real estate by a permanent
foundation to an improvement upon the real estate upon which it is
located.
As added by P.L.106-2003, SEC.4. Amended by P.L.106-2007,
SEC.5.
IC 9-17-6-16
Violation of chapter; Class C infraction
Sec. 16. A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.5.