§ 38-29-202 — Certificate of permanent location

Colorado § 38-29-202

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Titles to Manufactured Homes

Text

(1) (a) If a manufactured
home is permanently affixed to the ground so that it is no longer capable of being
drawn over the public highways on or after July 1, 2008, the owner of the
manufactured home shall file a certificate of permanent location.

(b) If the certificate of permanent location accompanies an application for
purging a manufactured home title pursuant to section 38-29-112 (1.5) or 38-29-118
(2), the certificate shall be filed with the authorized agent for the county or city and
county in which the manufactured home is located. For a manufactured home that
occupies real property subject to a long-term lease that has an express term of at
least ten years, a copy of the lease shall be filed along with the certificate. The
authorized agent, in his or her capacity as the clerk and recorder, shall file and
record the certificate of permanent location and, if applicable, the copy of the long-term lease in his or her office.

(c) If the certificate of permanent location is received in accordance with
section 38-29-114 (2) or 38-29-117 (6), the certificate shall be filed with the clerk
and recorder for the county or city and county in which the manufactured home is
located. For a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, a copy of the lease shall
be filed along with the certificate. The clerk and recorder shall file and record the
certificate of permanent location, a copy of the bill of sale, a copy of the
manufacturer's certificate or statement of origin or its equivalent, and, if applicable,
the copy of the long-term lease in his or her office and destroy the original
manufacturer's certificate or statement of origin or its equivalent.

(d) At least one of the owners of the manufactured home, as reflected on the
certificate of title, the bill of sale, or the manufacturer's certificate or statement of
origin or its equivalent, must be an owner of record of the real property to which the
manufactured home is to be affixed or permanently located; except that this
paragraph (d) shall not apply to any manufactured home that occupies real
property subject to a long-term lease that has an express term of at least ten years.

(2) The property tax administrator shall establish the form of the certificate
of permanent location. In addition to any other information that the administrator
may require, the certificate shall include the following:

(a) The name and mailing address of the owner of the manufactured home;

(b) The name and mailing address of any holder of a mortgage on the
manufactured home or on the real property to which the home has been affixed;

(c) The identification number of the manufactured home and the certificate
of title number, if applicable;

(d) The manufacturer or make and year of the manufactured home;

(e) Attached to the certificate of permanent location, a certificate of taxes
due, or an authentication of paid ad valorem taxes, issued by the county treasurer
of the county in which the manufactured home is located;

(f) The legal description of the real property to which the manufactured
home has been permanently affixed;

(g) The name of the legal owner or owners of the land upon which the home
is affixed;

(h) The county or city and county in which the certificate of permanent
location is filed;

(i) Verification that the manufactured home is permanently affixed to the
ground so that it is no longer capable of being drawn over the public highways in
accordance with any applicable county or city and county codes or requirements;

(j) Consent to the permanent location of the manufactured home by all
holders of a security interest in the manufactured home;

(k) An affirmative statement of relinquishment and release of all rights in the
manufactured home by all holders of a security interest in the manufactured home;

(l) An affirmative statement of relinquishment of all rights in the
manufactured home by any owner on the certificate of title of the manufactured
home who is not also an owner of the real property to which the manufactured
home is to be affixed or permanently located. The provisions of this paragraph (l)
shall not apply to any manufactured home that occupies real property subject to a
long-term lease that has an express term of at least ten years.

(l.5) For any manufactured home that occupies real property subject to a
long-term lease that has an express term of at least ten years, an affirmative
statement that all owners of the real property and the manufactured home consent
to the affixation of the manufactured home to the real property and an
acknowledgment that, upon such affixation and upon the filing and recording of the
certificate of permanent location, the manufactured home will become a part of the
real property, subject to the reversion of the manufactured home to the owners of
the home upon termination of the long-term lease; and

(m) An affirmative statement that all owners of the real property and the
manufactured home consent to the affixation of the manufactured home to the real
property and an acknowledgment that upon such affixation and upon the filing and
recording of the certificate of permanent location the manufactured home will
become a part of the real property and ownership shall be vested only in the title
owners of the real property. Ownership in the manufactured home shall vest in the
same parties and be subject to the same tenancies, encumbrances, liens,
limitations, restrictions, and estates as the real property to which the manufactured
home is affixed or permanently located. The provisions of this paragraph (m) shall
not apply to any manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years.

(3) The certificate of permanent location shall be acknowledged and shall
contain or be accompanied by a written declaration that the statements made
therein are made under the penalties of perjury in the second degree, as defined in
section 18-8-503, C.R.S.

Legislative History

Source: L. 2008: Entire part added, p. 446, � 9, effective July 1. L. 2009: (1)(b), (1)(c), (2)(i), and (2)(l) amended and (2)(l.5) added, (SB 09- 040), ch. 9, p. 67, � 9, effective July 1.