2007 California Health and Safety Code Article 4. Amendments, Transfers, And Transactions

CA Codes (hsc:18098-18106)

18098.  (a) Whenever any person, after making application for the
registration of a manufactured home, mobilehome, commercial coach,
truck camper, or floating home required to be registered under this
part, or after obtaining registration or being recorded on the
permanent title record of the manufactured home, mobilehome,
commercial coach, truck camper, or floating home registration as
registered owner, legal owner, or junior lienholder, moves or
acquires a new permanent address, that person shall, within 10 days
thereafter, notify the department of both the old and new address.
   (b) No penalty shall arise from the failure of any person to
notify the department pursuant to this section.
   (c) Neither the department nor any person shall be subject to any
civil liability with respect to any notification required by statute
or regulation to be mailed to a registered owner at his or her
address if sent as required by law to the address last reported to
the department as required by subdivision (a).
   (d) Any registered owner who notifies the department pursuant to
subdivision (a) shall mark out the former address shown on the face
of the registration card issued for the manufactured home,
mobilehome, commercial coach, truck camper, or floating home and
indelibly write or type the new address on the face of the card
adjacent to the former address and shall initial this change.



18099.  Any registered owner of a commercial coach required to be
registered under this part who moves, permits to be moved, or causes
to be moved, the commercial coach from the situs location indicated
on the registration card shall notify the department within 10 days
thereafter of both the old and new address of situs.  The registered
owner shall mark out the situs address shown on the card and
indelibly write or type the new situs address on the registration
card and shall initial this change.



18099.5.  (a) Except as otherwise provided in subdivision (b), no
person shall move, permit to be moved, or cause to be moved, any
manufactured home, mobilehome, or floating home from the situs
indicated on the registration card, without first obtaining the
written consent of the legal owner and of each junior lienholder, if
any.  The written consent shall be obtained on forms approved by the
department.  In the event that there is no legal owner and no junior
lienholder, the registered owner shall complete the written consent
form.  The original copy of each written consent form shall accompany
the manufactured home, mobilehome, or floating home to its new situs
in lieu of a registration card.
   (b) If the person proposing to move a manufactured home,
mobilehome, or floating home required to be registered under this
part shall have requested the consent required by subdivision (a)
delivered to a secured party or mailed to such person by certified
mail, return receipt requested, and the secured party has within 30
days neither given nor withheld its consent, the person proposing to
move the manufactured home, mobilehome, or floating home shall notify
the department on a form approved by the department of such event
and a copy of such form shall accompany the manufactured home,
mobilehome, or floating home to its new situs.



18100.  Any registered owner, legal owner, or junior lienholder who
moves, permits to be moved, or causes to be moved, a manufactured
home, mobilehome, or floating home subject to registration under this
part shall apply to the department within 10 days therefrom for an
amended registration card upon forms provided by the department and
with fees for an amended registration card as prescribed by the
department.  The application shall include, but not be limited to,
all of the following:
   (a) A copy of the written consent form required by Section
18099.5.
   (b) Any information which the department may require relating to
the new situs location.
   (c) The current registration card.
   In the event that the new situs location cannot be determined at
the time of application, the application shall so indicate and the
department shall hold the application in suspense until this
information is received.  The applicant or the applicant's agent
shall, immediately upon determining a new situs address where the
manufactured home, mobilehome, or floating home is to be installed
for occupancy, notify the department of the new situs address.
   Upon receipt of the completed application the department shall
issue an amended registration card for the manufactured home,
mobilehome, or floating home to the registered owner.



18100.5.  (a) If the title or interest of a registered owner, legal
owner, junior lienholder in a manufactured home, mobilehome,
commercial coach, or truck camper, or floating home for which an
original registration under this part has been obtained is
transferred to another person, or, if all outstanding secured
obligations previously held by a legal owner registered on the
original or a subsequent registration or by a junior lienholder are
satisfied and the person no longer has any obligation to extend
credit, incur obligations, or otherwise give value to be secured by
the manufactured home, mobilehome, commercial coach, truck camper, or
floating home, or, if a security interest is taken in a manufactured
home, mobilehome, commercial coach, truck camper, or floating home
after the permanent title record has been established, the department
shall be notified within 20 days and shall act as follows:
   (1) If the title or interest of a registered owner or legal owner
is being transferred, the transferor and the transferee of the title
or interest shall execute in the manner prescribed by the department
the certificate of title for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home.  If the transfer is
made by a registered owner and the transferee is to assume the
underlying indebtedness secured by the manufactured home, mobilehome,
commercial coach, truck camper, or floating home and owed to a legal
owner, the legal owner shall state on the certificate of title that
legal title and interest are to be retained.  The certificate of
title along with all other supporting documents shall be fowarded to
the department with appropriate fees.  The department shall
appropriately amend the permanent title record of the manufactured
home, mobilehome, commercial coach, truck camper, or floating home,
forward a new certificate of title reflecting the change to the
permanent title record to the legal owner by first-class mail, and
forward an amended registration card reflecting the change to the
permanent title record to the registered owner with copies to all
secured parties shown on the permanent title record.  If there is no
legal owner, the new certificate of title and amended registration
card shall be forwarded to the registered owner.
   (2) If the interest of a junior lienholder is being transferred,
the transferor and the transferee shall execute in a manner
prescribed by the department the  registration card, and the card so
executed shall be forwarded to the department with appropriate fees.
The department shall appropriately amend the permanent title record
and forward an amended registration card reflecting the change to the
permanent title record to the registered owner with copies to all
secured parties shown on the permanent title record.
   (3) If a creditor acquires a security interest in a manufactured
home, mobilehome, commercial coach, truck camper, or floating home
after the permanent title record has been established, the department
shall amend the permanent title record to reflect the interest as
that of a legal owner or as that of a junior lienholder, as
appropriate.  If the permanent title record already reflects the
interest of one or more junior lienholders, the creditor then
perfecting its interest pursuant to this section shall be designated
as the most junior lienholder.
   (4) If a legal owner no longer holds an outstanding obligation or
a commitment to make advances, incur obligations, or otherwise give
value to be secured by the manufactured home, mobilehome, commercial
coach, or truck camper, or floating home, the legal owner shall
indicate its release of lien by appropriately signing the certificate
of title for the manufactured home, mobilehome, commercial coach,
truck camper, or floating home and forward the certificate of title
to the  department with appropriate fees.  The department shall
appropriately amend the permanent title record for the manufactured
home, mobilehome, commercial coach, truck camper, or floating home,
deliver a new certificate of title reflecting the change to the
permanent title record to the new legal owner, if any, by first-class
mail, and forward an amended registration card reflecting the change
to the permanent title record to the registered owner with copies to
all secured parties shown on the registration card.  For purposes of
this paragraph, the following person shall be designated as the new
legal owner:
   (A) The junior lienholder, if any.
   (B) If there is more than one junior lienholder, the junior
lienholder whose statement of lien was designated as the most senior
junior lienholder on the permanent title record shall be the legal
owner.
   (5) If a junior lienholder no longer holds an outstanding
obligation or a commitment to make advances, incur obligations, or
otherwise give value to be secured by the manufactured home,
mobilehome, commercial coach, truck camper, or floating home, the
junior lienholder shall forward the properly executed and released
junior lienholder registration card to the department  with
appropriate fees.  The department shall appropriately amend the
permanent title record for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home and forward an
amended registration card reflecting the change to the permanent
title record to the registered owner with copies to all secured
parties shown on the permanent title record.
   (b) (1) Notwithstanding subdivision (d) of this section and
subdivisions (c) and (e) of Section 18080.7, for the 120-day period
beginning upon the receipt by the department of the notice of escrow
and appropriate fee provided by paragraph (2) of subdivision (d) of
Section 18035, or until the escrow is canceled or until the escrow
closes and the resulting transfers of ownership interests and
transfers or creation of legal owner and junior lienholder interests
are acknowledged by the department as amendments to the permanent
title record of the manufactured home, mobilehome, truck camper, or
floating home, whichever is earlier, the department, except at its
sole discretion, shall impose a moratorium on all of the following:
   (A) On any other amendments to the permanent title record of the
manufactured home, mobilehome, truck camper, or floating home for the
purpose of transferring any ownership interest or transferring or
creating any security interest in the manufactured home or
mobilehome.
   (B) On issuing any duplicate, substitute, or new certificate of
title, registration card, or copy of a registration card regarding
the manufactured home, mobilehome, or floating home.
   (C) On subsequent notices of escrow openings.
   (2) The department shall, upon receipt of the notice of escrow and
the appropriate fee, forward to the escrow agent an acknowledgment
of receipt and a true and correct copy of the permanent title record
as of the commencement of the period of moratorium.
   (c) If a secured party fails to comply with the provisions of
subdivision (a) relating to releases of lien and the secured party
thereafter receives a written demand from the registered owner that
the secured party release its lien, the secured party shall be liable
to the registered owner for all actual damages suffered by the
registered owner by reason of the failure to release the lien unless
the secured party, within 20 days of receipt of the demand, complies
with the requirements of subdivision (a), except where the secured
party has reasonable cause for noncompliance.
   (d) Whenever the title or interest of the registered owner or
legal owner in or to a manufactured home, mobilehome, commercial
coach, truck camper, or floating home registered under this part
passes to another in a manner other than by voluntary transfer, the
new registered owner or legal owner may obtain a transfer of
registration upon application therefor and upon presentation of the
last certificate of title, if available, and current registration
card, if available, issued for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home and any instruments
or documents of authority or certified copies thereof as may be
required by the department, or required by law, to evidence or effect
the transfer of title or interest in that case.  The department,
when satisfied of the genuineness and regularity of the transfer,
shall amend the permanent title record of the manufactured home,
mobilehome, commercial coach, truck camper, or floating home, issue a
new current registration card and certificate of title, and forward
copies of the current registration card to all junior lienholders.
   (e) The department shall not transfer registration until the
applicant complies with the requirements of Section 18092.7.



18101.  No transfer of the title of a manufactured home, mobilehome,
commercial coach, truck camper, or floating home registered under
this code shall be effective until the transferor has made proper
endorsement and delivery of the certificate of title and delivery of
the registration card to the transferee as provided in this code.




18101.5.  When the transferee of a manufactured home, mobilehome,
commercial coach, or truck camper is a dealer who holds it for resale
and moves it upon the highways under transportation decals, the
dealer is not required to make application for transfer, but upon
transferring his or her title or interest to another person, he or
she shall comply with this chapter.



18102.  (a) If 40 days have elapsed since the death of a registered
or legal owner of a manufactured home, mobilehome, commercial coach,
truck camper, or floating home registered under this part, without
the decedent leaving other property necessitating probate, and
irrespective of the value of the manufactured home, mobilehome,
commercial coach, truck camper, or floating home, the following
person or persons may secure a transfer of registration of the title
or interest of the decedent:
   (1) The sole person or all of the persons who succeeded to the
property of the decedent under Sections 6401 and 6402 of the Probate
Code, unless the manufactured home, mobilehome, commercial coach,
truck camper, or floating home is, by will, otherwise bequeathed.
   (2) The sole beneficiary or all of the beneficiaries who succeeded
to the manufactured home, mobilehome, commercial coach, truck
camper, or floating home under the will of the decedent, where the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home is, by will, so bequeathed.
   (b) The person authorized by subdivision (a) may secure a transfer
of registration of the title or interest of the decedent upon
presenting to the department all of the following:
   (1) The appropriate certificate of title and registration card, if
available.
   (2) A certificate of the heir or beneficiary under penalty of
perjury containing the following statements:
   (A) The date and place of the decedent's death.
   (B) The decedent left no other property necessitating probate and
no probate proceeding is now being or has been conducted in this
state for the decedent's estate.
   (C) The declarant is entitled to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home either
(i) as the sole person or all of the persons who succeeded to the
property of the decedent under Sections 6401 and 6402 of the Probate
Code if the decedent left no will or (ii) as the beneficiary or
beneficiaries under the decedent's last will if the decedent left a
will, and no one has a right to the decedent's manufactured home,
mobilehome, commercial coach, truck camper, or floating home that is
superior to that of the declarant.
   (D) There are no unsecured creditors of the decedent or, if there
are, the unsecured creditors of the decedent have been paid in full
or their claims have been otherwise discharged.
   (3) If required by the department, a certificate of the death of
the decedent.
   (4) If required by the department, the names and addresses of any
other heirs or beneficiaries.
   (c) If the department is presented with the documents specified in
paragraphs (1) and (2) of subdivision (b), no liability shall be
incurred by the department or any officer or employee of the
department by reason of the transfer of registration of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home pursuant to this section.  The department or officer or
employee of the department may rely in good faith on the statements
in the certificate specified in paragraph (2) of subdivision (b) and
has no duty to inquire into the truth of any statement in the
certificate.  The person who secures the transfer of the manufactured
home, mobilehome, commercial coach, truck camper, or floating home
pursuant to this section is subject to the provisions of Sections
13109 to 13113, inclusive, of the Probate Code to the same extent as
a person to whom transfer of property is made under Chapter 3
(commencing with Section 13100) of Part 1 of Division 8 of the
Probate Code.



18102.2.  (a) On death of the owner of a manufactured home,
mobilehome, commercial coach, truck camper, or floating home owned in
beneficiary form, the manufactured home, mobilehome, commercial
coach, truck camper, or floating home belongs to the surviving
beneficiary, if any.  If there is no surviving beneficiary, the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home belongs to the estate of the deceased owner.
   (b) Ownership registration and title issued in beneficiary form
may be revoked or the beneficiary changed at any time before the
death of the owner by either of the following methods:
   (1) By sale of the manufactured home, mobilehome, commercial
coach, truck camper, or floating home, with proper assignment and
delivery of the certificate of title to another person.
   (2) By application for a change in registered owner without
designation of a beneficiary or with the designation of a different
beneficiary.
   (c) Except as provided in subdivision (b), designation of a
beneficiary in ownership registration and title issued in beneficiary
form may not be changed or revoked by will, by any other instrument,
by a change of circumstances, or otherwise.
   (d) The beneficiary's interest in the manufactured home,
mobilehome, commercial coach, truck camper, or floating home at death
of the owner is subject to any contract of sale, assignment, or
security interest to which the owner was subject during his or her
lifetime.
   (e) The surviving beneficiary may secure a transfer of ownership
for the manufactured home, mobilehome, commercial coach, truck
camper, or floating home upon presenting to the department all of the
following:
   (1) The appropriate certificate of title.
   (2) A certificate under penalty of perjury stating the date and
place of the death of the owner and that the declarant is entitled to
the manufactured home, mobilehome, commercial coach, truck camper,
or floating home as the designated beneficiary.
   (3) If required by the department, a certificate of the death of
the owner.
   (f) After the death of the owner, the surviving beneficiary may
transfer his or her interest in the manufactured home, mobilehome,
commercial coach, truck camper, or floating home to another person
without securing transfer of ownership into his or her own name by
appropriately signing the certificate of title for the manufactured
home, mobilehome, commercial coach, truck camper, or floating home
and delivering the document to the transferee for forwarding to the
department with appropriate fees.  The transferee may secure a
transfer of ownership for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home, upon presenting to
the department (1) the certificate of title signed by the
beneficiary, (2) the certificate described in paragraph (2) of
subdivision (e) executed by the beneficiary under penalty of perjury;
and (3) if required by the department, a certificate of death of the
owner.
   (g) A transfer at death pursuant to this section is effective by
reason of this section and shall not be deemed to be a testamentary
disposition of property.  The right of the designated beneficiary to
the manufactured home, mobilehome, commercial coach, truck camper, or
floating home shall not be denied, abridged, or affected on the
grounds that the right has not been created by a writing executed in
accordance with the laws of this state prescribing the requirements
to effect a valid testamentary disposition of property.
   (h) A transfer at death pursuant to this section is subject to
Section 9653 of the Probate Code.
   (i) If there is no surviving beneficiary, the person or persons
described in Section 18102 may secure transfer of the manufactured
home, mobilehome, commercial coach, truck camper, or floating home,
as provided in that section.
   (j) The department may prescribe forms for use pursuant to this
section.


18102.3.  (a) If the department makes a transfer pursuant to Section
18102.2, the department is discharged from all liability, whether or
not the transfer is consistent with the beneficial ownership of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home transferred.
   (b) The protection provided by subdivision (a) does not extend to
a transfer made after the department has been served with a court
order restraining the transfer.  No other notice or information shown
to have been available to the department shall affect its right to
the protection afforded by subdivision (a).
   (c) The protection provided by this section has no bearing on the
rights of parties in disputes between themselves or their successors
concerning the beneficial ownership of the manufactured home,
mobilehome, commercial coach, truck camper, or floating home.
   (d) The protection provided by this section is in addition to, and
not exclusive of, any other protection provided to the department by
any other provision of law.



18102.5.  If application is made to the department for a transfer of
registration of a manufactured home, mobilehome, commercial coach,
truck camper, or floating home to a new registered or legal owner and
if the applicant is unable to present the certificate of title or
registration card issued for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home because it is lost
or otherwise not available, the department may receive the
application and investigate the circumstances of the case and may
require the filing of certifications or other information.  When the
department is satisfied that the applicant is entitled to a transfer
of registration, the department may transfer the registration of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home and issue a new certificate of title and registration
card to the person or persons found to be entitled thereto.



18103.  Whenever application is made to the department for a
transfer of registration of a manufactured home, mobilehome,
commercial coach, truck camper, or floating home to a new registered
or legal owner and the applicant is unable to present the
registration card issued for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home because it is in the
possession of the department upon an application for renewal of
registration, the department may transfer the registration of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home upon production of the properly endorsed certificate of
title to the manufactured home, mobilehome, commercial coach, truck
camper, or floating home and a temporary receipt, on a form
prescribed by the department containing any information  that the
department deems necessary, including, but not limited to, the
registration decal number assigned to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home and the
serial number of the manufactured home, mobilehome, commercial coach,
truck camper, or floating home and accompanied by the amount of fees
for renewal of the registration.



18105.  (a) Except as otherwise provided in subdivision (e) or (g),
the security interest of the legal owner has priority over
conflicting security interests of junior lienholders and holders of
security interests perfected pursuant to Sections 9306 and 9313 of
the Commercial Code and of unperfected security interests in a
manufactured home, mobilehome, commercial coach, truck camper, or
floating home subject to registration under this part and its
proceeds.
   (b) Except as otherwise provided in subdivision (e) or (g), the
security interest of a junior lienholder has priority over
conflicting security interests of holders of security interests
perfected pursuant to Section 9313 of the Commercial Code and of
unperfected security interests in a manufactured home, mobilehome,
commercial coach, truck camper, or floating home subject to
registration under this part and its proceeds.  Conflicting security
interests of junior lienholders rank in the order designated on the
permanent title record maintained by the department.
   (c) Except as otherwise provided in subdivision (e) or (g), a
security interest perfected pursuant to Section 9313 of the
Commercial Code has priority over conflicting unperfected security
interests in a manufactured home, mobilehome, commercial coach, truck
camper, or floating home subject to registration under this part and
its proceeds.
   (d) Except as otherwise provided in subdivision (e) or (g),
conflicting unperfected security interests in a manufactured home,
mobilehome, commercial coach, truck camper, or floating home subject
to registration under this part and its proceeds rank according to
priority in time of attachment.
   (e) (1) Except as otherwise provided in subdivision (g), the
security interest of any secured party shall not have priority over
any security interest of a party having a subordinate security
interest by virtue of the preceding provisions of this section to the
extent that the otherwise senior secured obligation was incurred
subsequent to receipt by that creditor of actual or constructive
notice of the existence of the otherwise junior security interest
unless the obligation arose pursuant to the terms of a security
agreement for the purpose of preserving the collateral or protecting
the interest of the senior secured party therein or unless the
otherwise senior secured obligation was incurred under a binding
agreement that the credit would be extended by that creditor.
   (2) For purposes of this subdivision receipt of a copy of the
registration certificate which reflects the existence of a security
interest shall constitute constructive notice of the existence of the
security interest.  In interpreting the provisions of this
subdivision but for no other purposes, it is the intent of the
Legislature that the priorities among conflicting security interests
be determined in accordance with the rules of law applicable to
priority as to interests in real property.
   (f) Except as otherwise provided in subdivision (g), the security
interest of the legal owner or a junior lienholder has priority over
a conflicting security interest of a holder of a perfected security
interest in a manufactured home, mobilehome, commercial coach, truck
camper, or floating home subject to registration under this part
which is inventory, including the proceeds of the inventory.  The
rules of priority regarding conflicting security interests of holders
of a perfected security interest in a manufactured home, mobilehome,
commercial coach, truck camper, or floating home subject to
registration under this part which is inventory and of holders of
security interests perfected pursuant to Sections 9306 and 9313 of
the Commercial Code or unperfected security interests in a
manufactured home, mobilehome, commercial coach, truck camper, or
floating home subject to registration under this part shall be
governed by Sections 9322, 9323, 9324, and 9325 of the Commercial
Code.
   (g) If the holders of two or more of the several security
interests shall otherwise agree among themselves, the relative
priorities among the holders of security interests who have so agreed
shall be determined according to this agreement.



18105.5.  A legal owner or junior lienholder may assign title or
interest to a manufactured home, mobilehome, commercial coach, truck
camper, or floating home subject to registration under this part
without the consent, and without affecting the interest of the
registered owner or other lienholders.



18106.  (a) As used in this section, "lien creditor" means a
creditor who has acquired a lien on a manufactured home, mobilehome,
commercial coach, truck camper, or floating home subject to
registration under this part by attachment, levy, or the like and
includes an assignee for benefit of creditors from the time of
assignment, and a trustee in bankruptcy from the date of the filing
of the petition, or a receiver in equity from the time of
appointment, as contemplated by Section 9102 of the Commercial Code.

   (b) Except as provided in subdivision (c), an unperfected security
interest in a manufactured home, mobilehome, commercial coach, truck
camper, or floating home subject to registration under this part is
subordinate to the rights of a person who becomes a lien creditor
before the security interest is perfected.
   (c) If a security interest in a manufactured home, mobilehome,
commercial coach, truck camper, or floating home becomes perfected as
contemplated by subdivision (a) of Section 18080.7, the security
interest is senior to the rights of a lien creditor which arise
between the time the security interest attaches and the time of
perfection.
   (d) A person who becomes a lien creditor while a security interest
in a manufactured home, mobilehome, commercial coach, truck camper,
or floating home is perfected by any of the means contemplated by
subdivision (b) of Section 18080.7 takes subject to the perfected
security interest only to the extent that it secures advances either
made before that person becomes a lien creditor or made thereafter
which would otherwise be senior to a competing security interest as
provided in subdivision (e) of Section 18105.