§ 38-29-203 — Certificate of removal

Colorado § 38-29-203

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

Text

(1) (a) On or after July 1, 2008, a
manufactured home shall not be removed from its permanent location unless the
owner of the manufactured home files a certificate of removal. If a certificate of
permanent location has not been previously filed and recorded for the
manufactured home, the owner shall also file an affidavit of real property,
described in section 38-29-208, along with the certificate of removal.

(b) The certificate of removal and the affidavit of real property, if any, along
with the application for a new certificate of title required in part 1 of this article,
shall be filed with the authorized agent for the county or city and county in which
the manufactured home is located. The authorized agent, in his or her capacity as
the clerk and recorder, shall file and record the certificate of removal and the
affidavit of real property in his or her office.

(2) The property tax administrator shall establish the form of the certificate
of removal. 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 or lien
against the real property on which the manufactured home was affixed or
permanently located;

(c) The identification number of the manufactured home;

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

(e) Attached to the certificate of removal, 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 from which the manufactured
home was removed; and

(g) Consent of all lienholders and a release by all holders of a mortgage, only
to the extent that the mortgage or lien applies to the manufactured home, to allow
the removal of the manufactured home from its permanent location.

(2.5) (a) The provisions of this section shall apply to a manufactured home
that occupies real property subject to a long-term lease that has an express term of
at least ten years, except as set forth in paragraph (b) of this subsection (2.5).

(b) A landlord evicting a tenant who owns a manufactured home that
occupies real property subject to a long-term lease that has an express term of at
least ten years may cause the home to be removed from its permanent location
without the owner first filing a certificate of removal if, within twenty days after
such removal, the landlord files a certificate of removal accompanied by a copy of
the notice of judgment or order for possession allowing the eviction of the home
and the address of the location to which the home has been moved. Such certificate
of removal shall comply with subsection (5) of this section and include the
information required in subsection (2) of this section; except that paragraphs (e)
and (g) of said subsection (2) shall not apply. The landlord shall file the certificate
of removal and the additional information with the authorized agent for the county
or city and county from which the manufactured home was removed.

(3) The consent of a mortgage or other lienholder on the certificate of
removal shall serve as a full release of any interest against the manufactured home
once the manufactured home is removed from the real property. The consent on the
certificate of removal shall not release any interest of the mortgage or lienholder
against the remaining real property.

(4) If consent of any mortgagee or lienholder is not given, the owner may file
a corporate surety bond or any other undertaking with the clerk of the district court
of the county in which the real property to which the manufactured home was
affixed is situated. The bond or undertaking shall be in an amount equal to one and
one-half times the amount of the mortgage or lien and shall be approved by a judge
of the district court with which the bond or undertaking is filed. The bond or
undertaking shall be conditioned that, if the mortgagee or lienholder shall be finally
adjudged to be entitled to recover upon the mortgage or lien, the principal or his
sureties shall pay to the mortgagee or lienholder the amount of the indebtedness
together with any interest, costs, and other sums which the mortgagee or lienholder
would be entitled to recover upon foreclosure of the mortgage or lien. Upon the
filing of a bond or undertaking, the mortgage or lien against the property shall be
forthwith discharged and released in full, and the real property described in the
bond or undertaking shall be released from the mortgage or lien and from any
action brought to foreclose the mortgage or lien, and the bond or undertaking shall
be substituted. The clerk of the district court with which the bond or undertaking
has been filed shall issue a certificate of release that shall be recorded in the office
of the clerk and recorder of the county in which the real property to which the
manufactured home was affixed is situated, and the certificate of release shall
show that the property has been released from the mortgage or lien and from any
action brought to foreclose the mortgage or lien.

(5) The certificate of removal 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. 448, � 9, effective July 1. L. 2009: (2.5) added, (SB 09-040), ch. 9, p. 69, � 10, effective July 1.