Title 32 — Title 32

This chapter may be cited as the Alabama Manufactured Home Certificate of Title Act. History: (Act 2009-746, p. 2236, §4.)

A person is guilty of a Class C felony who, with fraudulent intent does any of the following: (1) Alters, forges, or counterfeits a certificate of title. (2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certifi…

A person is guilty of a Class B misdemeanor who does any of the following: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title. (2) Willfully fails to mail or deliver a certificate of title or application therefor…

For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (1) DEALER. A person licensed by the Alabama Manufactured Housing Commission as a manufactured …

(a) Except as provided in Section 32-20-21 or subsection (b), every owner of a manufactured home which is in this state and for which no certificate of title has been issued by the department, shall make application to a designated agent as herein defined for a certificate of tit…

No certificate of title shall be issued for any of the following: (1) A manufactured home owned by the United States or any agency thereof. (2) A manufactured home owned by a manufacturer or licensed manufactured home dealer and held for sale. (3) A manufactured home owned by a n…

(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, shall by virtue of his or her office be a designated agent of the…

(a) The application for the certificate of title of a manufactured home in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following: (1) The name, current residence, and mailing address of the owner…

If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department may accept the application but shall do either of the following: (1) Withhold issuance of a certificate of title until the app…

(a) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the manufactured home on the form prescribed by the department. (b) The department shall …

(a) Each certificate of title issued by the department shall contain all of the following: (1) The date issued. (2) The name and current address of the owner. (3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the applicatio…

The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. The department may promulgate rules to issue such certificate of title electronically in lieu of issuing the certificate of title by mail. History: (Act 2009-746, p. 2236, §4.)…

The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists: (1) The applicant is not the owner of the manufactured home. (2) The application contains a false …

(a) If a certificate of title issued under this chapter or previously issued under Chapter 8 is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the r…

(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter. (b) The department may do any of the following: (1) Make necessary investigati…

(a) If an owner transfers his or her interest in a manufactured home, other than by the creation of a security interest, he or she shall, at the time of the sale of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor…

(a) If a dealer buys a manufactured home and holds it for resale and procures the certificate of title from the owner or the lienholder he or she need not send the certificate to the department but, upon transferring the manufactured home to another person other than by the creat…

(a) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee, except as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof…

(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate title, the required fee, and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and m…

(a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds either of the following: (1) The certificate of title was fraudulently procured or erroneous…

(a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each unit of a manufactured home required to be titled under Section 32-20-20 for the following transactions: (1) Each application for certif…

This chapter does not apply to or affect any of the following: (1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home. (2) A lien given by statute to the United States, this state, or any political subdivision of this state. (3…

(a) Unless excepted by this section, a security interest in a manufactured home for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the manufactured home unless perfected…

If an owner creates a security interest in a manufactured home: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing th…

(a) A lienholder may assign, absolutely or otherwise, his or her security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of such security interest, but any person without notice of the assignment is p…

(a) Upon the satisfaction of a security interest in a manufactured home for which the certificate of title is in the possession of the lienholder, he or she, within 10 days after demand, shall execute a release of his or her security interest, in the space provided therefor on th…

A lienholder named in a certificate of title upon written request of the owner or of another lienholder named on the certificate, shall disclose any pertinent information as to his or her security agreement and the indebtedness secured by it. History: (Act 2009-746, p. 2236, §4.)…

(a) The method provided in this article of perfecting and giving notice of security interest in manufactured homes required to be titled under the terms of this chapter or titled under the terms hereof, shall be exclusive. (b) Security interests in manufactured homes required to …

Notwithstanding any requirement in this chapter that a lien on a manufactured home shall be noted on the face of the certificate of title, if there are one or more liens or encumbrances on the manufactured home, the department may electronically transmit the lien to the first lie…

(a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department as follows: (1) Alphabetically, under the name of the owner. (2) Under the manufactur…

(a) The judge of probate or other county official who is authorized and required by law to process applications for certificates of title by this chapter may collect and retain a one dollar and fifty cent ($1.50) commission fee for each application processed in addition to the on…

(a) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized representative of the Department of Public Safety or Department of Revenue of this state may enter into the premises of any manufactured home dealer licensed therefore by the State of A…

The department shall provide each designated agent with a supply of forms, rules, and regulations provided for in this chapter. Such forms, rules, and regulations at the discretion of the department shall be provided in an electronic format. History: (Act 2009-746, p. 2236, §4.)

The department is charged with the enforcement of the provisions of this chapter and may call upon any and all law enforcement agencies and officers of this state for such assistance as it deems necessary in order to assure such enforcement and it shall be the duty of such law en…

A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which if done directly by him or her, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor. History: (Act 2009-…