HP0605
LD 854
Session - 126th Maine Legislature
 
LR 1425
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Clarify When a Manufactured Home Becomes Residential Real Property

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §9001, sub-§1, ¶E,  as enacted by PL 2005, c. 678, §3 and affected by §13, is amended to read:

E. As a valued and important component of the housing industry in this State, manufactured housing is recognized as residential property, whether it is real property or personal property, notwithstanding the requirements of Title 29-A , and manufactured housing for which no certificate of title has been issued is considered real property when it has been permanently affixed to real property that is owned by the owner of the manufactured housing.

Sec. 2. 29-A MRSA §602, sub-§9-A  is enacted to read:

9-A Permanently affixed.   "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.

Sec. 3. 29-A MRSA §652, sub-§9, ¶E,  as enacted by PL 2005, c. 678, §7 and affected by §13, is amended to read:

E. Permanently affixed to real property that is owned by the owner of the manufactured housing within 30 days of the date of sale.

Sec. 4. 29-A MRSA §708,  as enacted by PL 2005, c. 678, §12 and affected by §13, is amended to read:

§ 708. Manufactured housing

This subchapter applies to perfection of security interests in manufactured housing that is not permanently affixed to real property that is owned by the owner of the manufactured housing.

summary

This bill amends the laws governing manufactured housing.

1. It adds language to the declaration of purpose in the manufactured housing law to state that manufactured housing for which no certificate of title has been issued is considered real property when it has been permanently affixed to real property that is owned by the owner of the manufactured housing.

2. Current law governing title to vehicles specifies that a certificate of title or salvage is not required for manufactured housing that is permanently affixed to real property within 30 days of the date of sale. This bill specifies that a certificate is not required if the real property is owned by the owner of the manufactured housing.

3. Current law governing the perfection of security interests in vehicles specifies that it does not apply to manufactured housing that is permanently affixed to real property; this bill specifies that the real property must be owned by the owner of the manufactured housing.


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