§ 39-05-35 — Manufactured homes - Conversion to real property - Procedure - Rules

1. a. The owner or, if there is more than one owner, all owners, of a manufactured
home that is covered by a manufacturer's certificate of origin which the owner is
able to produce and that is permanently affixed to real property as defined in
subsection 1 of section 47-10-27, or which the owner intends to permanently affix
to real property as defined in subsection 1 of section 47-10-27, may surrender the
manufacturer's certificate of origin to the manufactured home to the department
by filing with the department an application for surrender of manufacturer's
certificate of origin containing or accompanied by:
(1) The name, residence, and mailing address of the owner;
(2) A description of the manufactured home, including the name of the
manufacturer, the make, the model name, the model year, the dimensions,
the manufacturer's serial number of the manufactured home, whether the
manufactured home is new or used, and any other information the
department requires;

(3) The date of purchase by the owner of the manufactured home, the name
and address of the person from whom the home was acquired, and the
names and addresses of any security interest holders and lienholders in the
order of their apparent priority;
(4) A statement, signed by the owner, stating either:
(a) Any facts or information known to the owner that may affect the
validity of the title to the manufactured home or the existence or
nonexistence of a security interest in or lien on the manufactured
home; or
(b) That no such facts or information are known to the owner;
(5) A copy of the recorded affidavit of affixation as provided in accordance with
subsection 5 of section 47-10-27;
(6) The original manufacturer's certificate of origin;
(7) The name and mailing address of each person wishing written
acknowledgment of surrender from the department;
(8) The applicable fee for filing the application for surrender; and
(9) Any other information and documents the department reasonably requires to
identify the owner of the manufactured home and to enable the department
to determine whether the owner satisfied the requirements of subdivisions a
through c of subsection 6 of section 47-10-27 and is entitled to surrender the
manufacturer's certificate of origin and the existence or nonexistence of
security interests in or liens on the manufactured home.
b. When satisfied of the genuineness and regularity of the surrender of a
manufacturer's certificate of origin to a manufactured home and upon satisfaction
of the requirements of subdivision a, the department shall:
(1) Cancel the manufacturer's certificate of origin and update the department's
records in accordance with the provisions of section 39-05-22; and
(2) Provide written acknowledgment of compliance with the provisions of this
section to each person identified on the application for surrender of a
manufacturer's certificate of origin under paragraph 7 of subdivision a.
c. Upon satisfaction of the requirements of this subsection, a manufactured home
must be conveyed or encumbered as provided in chapter 47-10. If the application
to surrender a manufacturer's certificate of origin is delivered to the department
within sixty days of recording the related affidavit of affixation with the recorder in
the county in which the real property to which the manufactured home is or will be
affixed and the application is thereafter accepted by the department, the
requirements of this subsection are deemed satisfied as of the date the affidavit
of affixation was recorded.
d. Upon written request, the department shall provide written acknowledgment of
compliance with the provisions of this subsection.
2. a. The owner or, if there is more than one owner, all owners, of a manufactured
home that is covered by a certificate of title which the owner is able to produce
and that is permanently affixed to real property as defined in subsection 1 of
section 47-10-27, or which the owner intends to permanently affix to real property
as defined in subsection 1 of section 47-10-27, may surrender the certificate of
title to the manufactured home to the department by filing with the department an
application for surrender of title containing or accompanied by:
(1) The name, residence, and mailing address of the owner;
(2) A description of the manufactured home, including the name of the
manufacturer, the make, the model name, the model year, the dimensions,
the manufacturer's serial number of the manufactured home, whether the
manufactured home is new or used, and any other information the
department requires;
(3) The date of purchase by the owner of the manufactured home, the name
and address of the person from whom the home was acquired, and the

names and addresses of any security interest holders and lienholders in the
order of their apparent priority;
(4) A statement, signed by the owner, stating either:
(a) Any facts or information known to the owner that may affect the
validity of the title to the manufactured home or the existence or
nonexistence of a security interest in or lien on the manufactured
home; or
(b) That no such facts or information are known to the owner;
(5) A copy of the recorded affidavit of affixation provided in accordance with
subsection 5 of section 47-10-27;
(6) The original certificate of title;
(7) The name and mailing address of each person wishing written
acknowledgment of surrender from the department;
(8) The applicable fee for filing the application for surrender; and
(9) Any other information and documents the department reasonably requires to
identify the owner of the manufactured home and to enable the department
to determine whether the owner satisfied the requirements of subdivisions a
through c of subsection 6 of section 47-10-27 and is entitled to surrender the
certificate of title and the existence or nonexistence of security interests in or
liens on the manufactured home.
b. The department may not accept for surrender a certificate of title to a
manufactured home unless and until all security interests or liens perfected under
section 35-01-05.1 have been released.
c. When satisfied of the genuineness and regularity of the surrender of a certificate
of title to a manufactured home and upon satisfaction of the requirements of
subdivisions a and b, the department shall:
(1) Cancel the certificate of title and update the department's records in
accordance with the provisions of section 39-05-22; and
(2) Provide written acknowledgment of compliance with the provisions of this
section to each person identified on the application for surrender of title
under paragraph 7 of subdivision a.
d. Upon satisfaction of the requirements of this subsection, a manufactured home
must be conveyed or encumbered as provided in chapter 47-10. If the application
to surrender a certificate of title is delivered to the department within sixty days of
recording the related affidavit of affixation with the recorder in the county in which
the real property to which the manufactured home is or will be affixed, and the
application is thereafter accepted by the department, the requirements of this
subsection are deemed satisfied as of the date the affidavit of affixation was
recorded.
e. Upon written request, the department shall provide written acknowledgment of
compliance with the provisions of this subsection.
3. a. The owner or, if there is more than one owner, all owners, of a manufactured
home that is not covered by a manufacturer's certificate of origin or a certificate of
title, or of a manufactured home that is covered by a manufacturer's certificate of
origin or certificate of title but which the owner of the manufactured home, after
diligent search and inquiry, is unable to produce, and that is permanently affixed
to real property as defined in subsection 1 of section 47-10-27, or which the
owner intends to permanently affix to real property as defined in subsection 1 of
section 47-10-27, may apply to the department by filing with the department an
application for confirmation of conversion containing or accompanied by:
(1) The name, residence, and mailing address of the owner;
(2) A description of the manufactured home, including the name of the
manufacturer, the make, the model name, the model year, the dimensions,
the manufacturer's serial number of the manufactured home, whether the
manufactured home is new or used, and any other information the
department requires;

(3) The date of purchase by the owner of the manufactured home, the name
and address of the person from whom the home was acquired, and the
names and addresses of any security interest holders and lienholders in the
order of their apparent priority;
(4) A statement, signed by the owner, stating either:
(a) Any facts or information known to the owner that could affect the
validity of the title to the manufactured home or the existence or
nonexistence of a security interest in or lien on the manufactured
home; or
(b) That no such facts or information are known to the owner;
(5) A recorded copy of the affidavit of affixation as provided in accordance with
subsection 5 of section 47-10-27;
(6) A sworn declaration by an attorney duly admitted to practice in this state or
an agent of a title insurance company duly licensed to issue policies of title
insurance in this state that the manufactured home is free and clear of, or
has been released from, all recorded security interests, liens, and
encumbrances; and
(a) Any facts or information known to that person that could affect the
validity of the title of the manufactured home or the existence or
nonexistence of any security interest in or lien on the manufactured
home; or
(b) That no such facts or information are known to that person;
(7) The name and mailing address of each person wishing written
acknowledgment of surrender from the department;
(8) The applicable fee for filing the application for surrender; and
(9) Any other information and documents the department reasonably requires to
identify the owner of the manufactured home and to enable the department
to determine whether the owner satisfied the requirements of subdivisions a
through c of subsection 6 of section 47-10-27 and the existence or
nonexistence of security interests in or liens on the manufactured home.
b. When satisfied of the genuineness and regularity of the application for
confirmation of conversion of a manufactured home and upon satisfaction of the
requirements of subdivision a, the department shall:
(1) Update its records in accordance with the provisions of section 39-05-22;
and
(2) Provide written acknowledgment of compliance with the provisions of this
subsection to each person identified on the application for confirmation of
conversion under paragraph 7 of subdivision a.
c. Upon satisfaction of the requirements of this subsection, a manufactured home
must be conveyed or encumbered as provided in chapter 47-10. If the application
for confirmation of conversion of a manufactured home is delivered to the
department within sixty days of recording the related affidavit of affixation with the
recorder in the county in which the real property to which the manufactured home
is or will be affixed and the application is thereafter accepted by the department,
the requirements of this subsection are deemed satisfied as of the date the
affidavit of affixation was recorded.
d. Upon written request, the department shall provide written acknowledgment of
compliance with the provisions of this subsection.
4. The department may adopt rules to implement the provisions of this section.