(1)Upon the sale or transfer of a
manufactured home for which a certificate of title has been issued, the person in
whose name said certificate of title is registered, if he is other than a dealer, shall,
in his own person or by his duly authorized agent or attorney, execute a formal
transfer of the home described in the certificate, which transfer shall be affirmed
by a statement signed by the person in whose name said certificate of title is
registered or by his duly authorized agent or attorney and shall contain or be
accompanied by a written declaration that it is made under the penalties of perjury
in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or
transferee, within thirty days thereafter, shall present such certificate, duly
transferred, togethe
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(1) Upon the sale or transfer of a
manufactured home for which a certificate of title has been issued, the person in
whose name said certificate of title is registered, if he is other than a dealer, shall,
in his own person or by his duly authorized agent or attorney, execute a formal
transfer of the home described in the certificate, which transfer shall be affirmed
by a statement signed by the person in whose name said certificate of title is
registered or by his duly authorized agent or attorney and shall contain or be
accompanied by a written declaration that it is made under the penalties of perjury
in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or
transferee, within thirty days thereafter, shall present such certificate, duly
transferred, together with his application for a new certificate of title to the
director or one of his authorized agents, accompanied by the fee required in section
38-29-138 to be paid for the issuance of a new certificate of title; whereupon, a new
certificate of title shall be issued and disposition thereof made as required in this
article.
(1.3) Prior to the sale or transfer of a manufactured home for which a
certificate of title has been issued, a holder of a mortgage that is the legal holder of
certificate of title shall provide a copy of the certificate of title to any title
insurance agent, title insurance company, or financial institution requesting
information related to the payoff of the mortgage within fourteen days of the
request.
(1.5) The purchaser or transferee of a manufactured home that becomes
permanently affixed at an existing site or is transported to a site and is
permanently affixed to the ground so that it is no longer capable of being drawn
over the public highways shall present a certificate of transfer as required in
subsection (1) of this section, together with his or her application for purging a
manufactured home title and a certificate of permanent location, to the authorized
agent of the county or city or city and county in which such manufactured home is
located. The manufactured home shall become real property upon the filing and
recording of the certificate of permanent location in accordance with section 38-29-202. The provisions of articles 30 to 44 of this title and of any other law of this
state shall be applicable to manufactured homes that have become real property
pursuant to this subsection (1.5) and to instruments creating, disposing of, or
otherwise affecting such real property wherever such provisions would be
applicable to estates, rights, and interests in land or to instruments creating,
disposing of, or otherwise affecting estates, rights, and interest in land. The
manufactured home for which a Colorado certificate of title has been issued shall
continue to be valued and taxed separately from the land on which it sits until such
time that the manufactured home becomes real property pursuant to this
subsection (1.5).
(1.7) (a) If the conditions set forth in paragraph (b) of this subsection (1.7) are
met, the legal holder of the certificate of title, within forty-five days, shall deliver to
the title insurance agent who is the settlement agent related to the sale of the
manufactured home the certificate of title or evidence that the holder has lost the
certificate of title and requested a duplicate from the department. The holder shall
mail or otherwise deliver the duplicate certificate of title to the title insurance
agent within five business days of receipt from the department. Upon receipt from
the holder, the title insurance agent shall present the certificate of title to the
person in whose name the certificate of title is issued or his or her authorized agent
or attorney to allow such person to execute a formal transfer as required by
subsection (1) of this section.
(b) The provisions of paragraph (a) of this subsection (1.7) shall apply if:
(I) A title insurance agent acts as a settlement agent related to the sale of a
manufactured home;
(II) The manufactured home that is sold is the subject of one or more
mortgages that have been filed pursuant to section 38-29-128; and
(III) All holders of a mortgage on the manufactured home that have been
filed pursuant to section 38-29-128 have been paid in full from the proceeds of the
sale.
(2) Any person who violates any of the provisions of subsection (1) of this
section commits a class 2 misdemeanor.
(3) Any person who violates the provisions of subsection (1.3) or (1.7) of this
section shall be liable to an injured person for any actual economic damages
caused by the violation, to be recovered in a civil action in a court of competent
jurisdiction.