Maine Revised Statutes Title 29-A Sec. 669 – Cancellation of certificate of title to manufactured housing and tiny homes
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1. Real property transactions. This section governs cancellation of a certificate of title to manufactured housing or a tiny home by the owner of the manufactured housing or tiny home when the manufactured housing or tiny home becomes affixed to real property owned by the owner of the manufactured housing or tiny home.
[PL 2019, c. 650, §8 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 669
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Identification number: means the vehicle identification number and any other identifying numbers or letters on a vehicle designated by a manufacturer, the Secretary of State or equivalent authority in another state. See Maine Revised Statutes Title 29-A Sec. 602
- Lienholder: means a person holding a security interest in a vehicle. See Maine Revised Statutes Title 29-A Sec. 602
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Owner: includes , but is not limited to, a person entitled to use and possess a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. See Maine Revised Statutes Title 29-A Sec. 602
- Permanently affixed: means , with respect to manufactured housing, placed on a foundation or slab or other form of permanent attachment to the site and connected to conventional and necessary utility systems. See Maine Revised Statutes Title 29-A Sec. 602
- Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Security interest: means an interest in a vehicle reserved or created by agreement and that secures payment or performance of an obligation, including, but not limited to, the interest of a lessor under a lease intended as security. See Maine Revised Statutes Title 29-A Sec. 602
- State: means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada. See Maine Revised Statutes Title 29-A Sec. 602
- Tiny home: means a living space permanently constructed on a frame or chassis and designed for use as permanent living quarters that:
A. See Maine Revised Statutes Title 29-A Sec. 101Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Cancellation. A certificate of title to manufactured housing or a tiny home may be cancelled by the Secretary of State if the owner of the real property records the following documents in the registry of deeds for the county in which the real property is located:
A. The original certificate of title to the manufactured housing or tiny home; [PL 2019, c. 650, §8 (AMD).]
B. A description of the manufactured housing or tiny home, including model year, make, width, length and identification number, and a statement by any recorded lienholder on the certificate of title that the security interest has been released or that such security interest will be released upon cancellation of the certificate of title as set forth in this section; [PL 2019, c. 650, §8 (AMD).]
C. The legal description of the real property; and [PL 2005, c. 678, §10 (NEW); PL 2005, c. 678, §13 (AFF).]
D. A sworn statement by the owner of the real property, as shown on the real property deed, that the owner of the real property is the owner of the manufactured housing or tiny home and that the manufactured housing or tiny home is permanently affixed to the real property in accordance with state law. [PL 2019, c. 650, §8 (AMD).]
[PL 2019, c. 650, §8 (AMD).]
3. Recording. The register of deeds, upon receipt of the documents set forth in subsection 2, shall record the documents.
[PL 2005, c. 678, §10 (NEW); PL 2005, c. 678, §13 (AFF).]
4. Request for cancellation. An owner of manufactured housing or a tiny home shall file a written request with the Secretary of State for cancellation of the certificate of title to the manufactured housing or tiny home after completion of the requirements in subsections 2 and 3 and by returning the recorded certificate of title. The Secretary of State shall cancel the certificate of title upon receipt of the written request from the owner of the manufactured housing or tiny home requesting cancellation of the certificate of title, accompanied by the certificate of title and documents listed in subsection 2 that have been recorded pursuant to subsection 3. Upon cancellation of the certificate of title, the Secretary of State shall issue a document certifying that the certificate of title has been cancelled.
[PL 2019, c. 650, §8 (AMD).]
5. Liens. For purposes of perfection, realization and foreclosure of security interests, if a certificate of title has been cancelled pursuant to this section, a separate security interest in the manufactured housing or tiny home does not exist, and the manufactured housing or tiny home may be secured only as part of the real property through a mortgage under Title 33.
[PL 2019, c. 650, §8 (AMD).]
6. Applicability. This section applies to manufactured housing or tiny homes required to be titled under section 651 and to any person who voluntarily elects to cancel a certificate of title to manufactured housing or a tiny home pursuant to this section.
[PL 2019, c. 650, §8 (AMD).]
7. Taxation not affected. Nothing in this section may be construed to affect the taxation of manufactured housing or tiny homes.
[PL 2019, c. 650, §8 (AMD).]
8. No change to common law. Nothing in this section may be construed to modify or change existing common law.
[PL 2005, c. 678, §10 (NEW); PL 2005, c. 678, §13 (AFF).]
SECTION HISTORY
PL 2005, c. 678, §10 (NEW). PL 2005, c. 678, §13 (AFF). PL 2019, c. 650, §8 (AMD).