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Amendments HB08-1260 House Journal, February 22 50 HB08-1260 be amended as follows, and as so amended, be referred to 51 the Committee of the Whole with favorable 52 recommendation: 53 54 Amend printed bill, page 2, strike lines 2 through 11. 55 56 Page 3, strike lines 1 through 13. 1 Renumber succeeding sections accordingly. 2 3 Page 4, line 13, strike "MORTGAGES" and substitute "MORTGAGES, DEEDS 4 OF TRUST,". 5 6 Page 8, line 10, strike "LOCATION," and substitute "LOCATION."; 7 8 strike lines 11 through 13 and substitute the following: 9 10 "and upon said owner's procuring the consent thereto of the holders of 11 any mortgages noted on the certificate of title and shown to be 12 unreleased, said manufactured home shall become real property. THE 13 MANUFACTURED HOME SHALL BECOME REAL PROPERTY UPON THE FILING 14 AND RECORDING OF THE CERTIFICATE OF PERMANENT LOCATION IN 15 ACCORDANCE WITH SECTION 38-29-202. The provisions of". 16 17 Page 12, after line 13, insert the following: 18 19 "(e) ATTACHED TO THE CERTIFICATE OF PERMANENT LOCATION, A 20 CERTIFICATE OF TAXES DUE, OR AN AUTHENTICATION OF PAID AD 21 VALOREM TAXES, ISSUED BY THE COUNTY TREASURER OF THE COUNTY IN 22 WHICH THE MANUFACTURED HOME IS LOCATED;". 23 24 Reletter succeeding paragraphs accordingly. 25 26 Page 12, line 23, after "RELINQUISHMENT", insert "AND RELEASE". 27 28 Page 14, line 19, after the first "ON", insert "OR LIEN AGAINST"; 29 30 after line 23, insert the following: 31 32 "(e) ATTACHED TO THE CERTIFICATE OF REMOVAL, A CERTIFICATE 33 OF TAXES DUE, OR AN AUTHENTICATION OF PAID AD VALOREM TAXES, 34 ISSUED BY THE COUNTY TREASURER OF THE COUNTY IN WHICH THE 35 MANUFACTURED HOME IS LOCATED;". 36 37 Reletter succeeding paragraphs accordingly. 38 39 Page 14, line 27, after the second "MORTGAGE", insert "OR LIEN". 40 41 Page 15, line 2, strike "IF CONSENT IS"; 42 43 strike lines 3 through 7 and substitute the following: 44 45 "(3) THE CONSENT OF A MORTGAGE OR OTHER LIEN HOLDER ON 46 THE CERTIFICATE OF REMOVAL SHALL SERVE AS A FULL RELEASE OF ANY 47 INTEREST AGAINST THE MANUFACTURED HOME ONCE THE MANUFACTURED 48 HOME IS REMOVED FROM THE REAL PROPERTY. THE CONSENT ON THE 49 CERTIFICATE OF REMOVAL SHALL NOT RELEASE ANY INTEREST OF THE 50 MORTGAGE OR LIEN HOLDER AGAINST THE REMAINING REAL PROPERTY. 51 52 (4) IF CONSENT OF ANY MORTGAGE OR LIEN HOLDER IS NOT GIVEN, 53 THE OWNER MAY FILE A CORPORATE SURETY BOND OR ANY OTHER 54 UNDERTAKING WITH THE CLERK OF THE DISTRICT COURT OF THE COUNTY 55 IN WHICH THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME WAS 56 AFFIXED IS SITUATED. THE BOND OR UNDERTAKING SHALL BE IN AN 1 AMOUNT EQUAL TO ONE AND ONE-HALF TIMES THE AMOUNT OF THE LIEN 2 AND SHALL BE APPROVED BY A JUDGE OF THE DISTRICT COURT WITH WHICH 3 THE BOND OR UNDERTAKING IS FILED. THE BOND OR UNDERTAKING SHALL 4 BE CONDITIONED THAT, IF THE MORTGAGE OR LIEN HOLDER SHALL BE 5 FINALLY ADJUDGED TO BE ENTITLED TO RECOVER UPON THE LIEN, THE 6 PRINCIPAL OR HIS SURETIES SHALL PAY TO THE MORTGAGE OR LIEN 7 HOLDER THE AMOUNT OF HIS JUDGMENT TOGETHER WITH ANY INTEREST, 8 COSTS, AND OTHER SUMS WHICH THE MORTGAGE OR LIEN HOLDER WOULD 9 BE ENTITLED TO RECOVER UPON FORECLOSURE OF THE LIEN. UPON THE 10 FILING OF A BOND OR UNDERTAKING, THE MORTGAGE OR LIEN AGAINST 11 THE PROPERTY SHALL BE FORTHWITH DISCHARGED AND RELEASED IN FULL, 12 AND THE REAL PROPERTY DESCRIBED IN THE BOND OR UNDERTAKING 13 SHALL BE RELEASED FROM THE MORTGAGE OR LIEN AND FROM ANY 14 ACTION BROUGHT TO FORECLOSE THE LIEN, AND THE BOND OR 15 UNDERTAKING SHALL BE SUBSTITUTED. THE CLERK OF THE DISTRICT 16 COURT WITH WHICH THE BOND OR UNDERTAKING HAS BEEN FILED SHALL 17 ISSUE A CERTIFICATE OF RELEASE THAT SHALL BE RECORDED IN THE OFFICE 18 OF THE CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL 19 PROPERTY TO WHICH THE MANUFACTURED HOME WAS AFFIXED IS 20 LOCATED, AND THE CERTIFICATE OF RELEASE SHALL SHOW THAT THE 21 PROPERTY HAS BEEN RELEASED FROM THE MORTGAGE OR LIEN AND FROM 22 ANY ACTION BROUGHT TO FORECLOSE THE LIEN.". 23 24 Renumber succeeding subsection accordingly. 25 26 Page 16, line 11, after "OF", insert "EACH HOLDER OF"; 27 28 line 12, strike "OR A MORTGAGE ON" and substitute "AND ALL HOLDERS OF 29 A LIEN AGAINST"; 30 31 after line 17, insert the following: 32 33 "(e) ATTACHED TO THE CERTIFICATE OF DESTRUCTION, A 34 CERTIFICATE OF TAXES DUE, OR AN AUTHENTICATION OF PAID AD 35 VALOREM TAXES, ISSUED BY THE COUNTY TREASURER OF THE COUNTY IN 36 WHICH THE MANUFACTURED HOME IS LOCATED;". 37 38 Reletter succeeding paragraphs accordingly. 39 40 Page 16, line 25, strike "HOME;" and substitute "HOME, OR PROOF THAT A 41 REQUEST FOR SUCH CONSENT WAS SENT BY CERTIFIED MAIL TO SUCH 42 LIENHOLDERS AT THEIR LAST-KNOWN ADDRESS AND A NOTARIZED 43 DECLARATION, SIGNED UNDER PENALTY OF PERJURY, THAT NO RESPONSE 44 WAS RECEIVED WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF THE 45 NOTICE;"; 46 47 line 27, strike "HOME;" and substitute "HOME, OR PROOF THAT A REQUEST 48 FOR SUCH CONSENT WAS SENT BY CERTIFIED MAIL TO SUCH MORTGAGE 49 HOLDERS AT THEIR LAST-KNOWN ADDRESS AND A NOTARIZED 50 DECLARATION, SIGNED UNDER PENALTY OF PERJURY, THAT NO RESPONSE 51 WAS RECEIVED WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF THE 52 NOTICE;". 53 54 Page 17, after line 8, insert the following: 55 56 "(4) ANY OWNER WHO FAILS TO FILE A PROPERLY COMPLETED 1 CERTIFICATE OF DESTRUCTION WHEN REQUIRED PURSUANT TO THIS 2 SECTION SHALL BE RESPONSIBLE FOR ALL ACTUAL DAMAGES SUSTAINED 3 BY ANY AFFECTED PARTY RELATED TO THE MANUFACTURED HOME BEING 4 DESTROYED, DISMANTLED, OR SOLD OR OTHERWISE DISPOSED OF AS 5 SALVAGE."; 6 7 line 19, strike "HOME OR" and substitute "HOME AND". 8 9 Senate Journal, March 14 After consideration on the merits, the Committee recommends that HB08-1260 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the Consent Calendar. Amend reengrossed bill, page 12, after line 5, insert the following: "(i) VERIFICATION THAT THE MANUFACTURED HOME IS ON A PERMANENT FOUNDATION IN ACCORDANCE WITH ANY APPLICABLE COUNTY OR CITY AND COUNTY CODES OR REQUIREMENTS;". Reletter succeeding paragraphs accordingly. Page 14, line 26, strike "MORTGAGE" and substitute "MORTGAGEE". Page 15, line 4, before "LIEN", insert "MORTGAGE OR"; line 7, strike "MORTGAGE" and substitute "MORTGAGEE"; line 8, before "LIEN,", insert "MORTGAGE OR"; line 9, strike "MORTGAGE" and substitute "MORTGAGEE"; line 10, strike "HIS JUDGEMENT" and substitute "THE INDEBTEDNESS"; line 11, strike "MORTGAGE" and substitute "MORTGAGEE"; line 12, before "LIEN.", insert "MORTGAGE OR"; line 17, before "LIEN,", insert "MORTGAGE OR"; line 23, strike "LOCATED," and substitute "SITUATED,"; line 25, before "LIEN.", insert "MORTGAGE OR". Page 23, line 6, strike "REAL PROPERTY." and substitute "MANUFACTURED HOME.". State, Veterans, & Military Affairs |