(1)In cases where the applicant
for a certificate of title to a manufactured home is unable to provide the director or
the director's authorized agent with a certificate of title thereto, duly transferred to
such applicant, a bill of sale therefor, or other evidence of the ownership thereof
that satisfies the director of the right of the applicant to have a certificate of title
issued to him or her, as provided in section 38-29-110, a certificate of title for such
home may, nevertheless, be issued by the director upon the applicant therefor
furnishing the director with his or her statement, in such form as the director may
prescribe. There shall appear a recital of the facts and circumstances by which the
applicant acquired the ownership and possession of such home, the source of
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(1) In cases where the applicant
for a certificate of title to a manufactured home is unable to provide the director or
the director's authorized agent with a certificate of title thereto, duly transferred to
such applicant, a bill of sale therefor, or other evidence of the ownership thereof
that satisfies the director of the right of the applicant to have a certificate of title
issued to him or her, as provided in section 38-29-110, a certificate of title for such
home may, nevertheless, be issued by the director upon the applicant therefor
furnishing the director with his or her statement, in such form as the director may
prescribe. There shall appear a recital of the facts and circumstances by which the
applicant acquired the ownership and possession of such home, the source of the
title thereto, and such other information as the director may require to enable him
or her to determine what liens and encumbrances are outstanding against such
manufactured home, if any, the date thereof, the amount secured thereby, where
said liens or encumbrances are of public record, if they are of public record, and the
right of the applicant to have a certificate of title issued to him or her. In situations
involving an abandoned manufactured home located on an applicant's real
property, a copy of an order or judgment for possession obtained through a civil
eviction proceeding, along with proof of efforts to notify, via certified mail, regular
mail, and posting as otherwise required by law, the prior owner of the potential
removal or transfer of title of the home, as well as proof of ownership of the real
property on which the home is located, shall constitute sufficient evidence of the
applicant's right to a certificate of title for the home. The statement 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., and shall
accompany the formal application for the certificate as required in section 38-29-107.
(2) (a) If, from the affidavit of the applicant and such other evidence as may
be submitted to him or her, the director finds that the applicant is the same person
to whom a certificate of title for said home has previously been issued or that a
certificate of title should be issued to the applicant, such certificate may be issued,
in which event disposition thereof shall be made as in other cases. Except as
provided by paragraph (b) of this subsection (2), no certificate of title shall be
issued as provided in this section unless and until the applicant furnishes evidence
of a savings account, deposit, or certificate of deposit meeting the requirements of
section 11-35-101, C.R.S., or a good and sufficient bond with a corporate surety, to
the people of the state of Colorado, in an amount equal to twice the actual value of
the manufactured home according to the assessor's records, as of the time
application for the certificate is made, conditioned that the applicant and his or her
surety shall hold harmless any person who suffers any loss or damage by reason of
the issuance thereof.
(b) An applicant shall not be required to furnish surety pursuant to this
subsection (2) for a manufactured home that is twenty-five years old or older, if the
applicant:
(I) Provides proof that no property taxes for previous years are due for the
manufactured home;
(II) Has had a manufactured home identification inspection performed on the
manufactured home; and
(III) Presents the information required in subsection (1) of this section with
the title application, accompanied by the written declaration set forth therein.
(c) If any person suffers any loss or damage by reason of the issuance of the
certificate of title as provided in this section, such person shall have a right of
action against the applicant and, if applicable, the surety on his or her bond. The
person who has suffered a loss or damage may proceed against the applicant, the
surety, or against both the applicant and the surety.