§ 20-109.2. Surrender of title to manufactured home.
§ 20‑109.2. Surrenderof title to manufactured home.
(a) Surrender of Title. If a title has been issued for a manufactured home and the manufactured homequalifies as real property as defined in G.S. 105‑273(13), the ownershall submit an affidavit to the Division that the manufactured home meets thisdefinition and surrender the certificate of title to the Division.
(b) Affidavit. Theaffidavit must be in a form approved by the Commissioner and shall include orprovide for all of the following information:
(1) The manufacturerand, if applicable, the model name of the manufactured home.
(2) The vehicleidentification number and serial number of the manufactured home.
(3) The legaldescription of the real property on which the manufactured home is placed,stating that the owner of the manufactured home also owns the real property orthat the owner of the manufactured home has entered into a lease with a primaryterm of at least 20 years for the real property on which the manufactured homeis affixed with a copy of the lease or a memorandum thereof pursuant to G.S. 47‑18attached to the affidavit, if not previously recorded.
(4) A description of anysecurity interests in the manufactured home.
(5) A section for theDivision's notation or statement that the title has been surrendered andcancelled by the Division.
(c) Cancellation. Upon compliance by the owner with the procedure for surrender of title, theDivision shall rescind and cancel the certificate of title. If a securityinterest has been recorded on the certificate of title and not released by thesecured party, the Division may not cancel the title without written consentfrom all secured parties. After canceling the title, the Division shall returnthe original of the affidavit to the owner, or to the secured party having thefirst recorded security interest, with the Division's notation or statementthat the title has been surrendered and has been cancelled by the Division. Theowner or secured party shall file the affidavit returned by the Division withthe office of the register of deeds of the county where the real property islocated. The Division may charge five dollars ($5.00) for a cancellation of atitle under this section.
(d) Application forTitle After Cancellation. If the owner of a manufactured home whosecertificate of title has been cancelled under this section subsequently seeksto separate the manufactured home from the real property, the owner may applyfor a new certificate of title. The owner must submit to the Division an affidavitcontaining the same information set out in subsection (b) of this section,verification that the manufactured home has been removed from the realproperty, and written consent of any affected owners of recorded mortgages,deeds of trust, or security interests in the real property where themanufactured home was placed. The Commissioner may require evidence sufficientto demonstrate that all affected owners of security interests have beennotified and consent. Upon receipt of this information, together with a titleapplication and required fee, the Division is authorized to issue a new titlefor the manufactured home.
(e) Sanctions. Anyperson who violates this section is subject to a civil penalty of up to onehundred dollars ($100.00), to be imposed in the discretion of the Commissioner.(2001‑506,s. 2; 2003‑400, s. 1.)