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(continued)
(5) for each legal owner and junior lienholder to be added to the unit's registration, the dealer shall submit legal owner identifying information and junior lienholder identifying information on the report of sale submitted pursuant to subsection 5530(b)(1); and
(6) for each legal owner or junior lienholder to be added to or removed from the unit's registration, the necessary title endorsements, statements or bonds and fees required by Article 8.
(c) The application for registration shall also include either:
(1) one of the following titling documents for the unit, endorsed to release the registered owner and report the new registered owner, or one of the alternatives to such endorsements, as required by Section 5533:
(A) a certificate of title;
(B) an ownership certificate, certificate of ownership or certificate of title issued by DMV; or
(C) an application for duplicate certificate of title as described in Section 5550; or
(2) documents that reflect the transfer of the unit to the transferees, which may include the sales contract, purchase order, canceled checks or invoices, and a bond or undertaking and statement that comply with the requirements of Section 5547.
(d) The dealer shall also submit the following:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114 and 18114.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code; and
(4) to register any unit: transfer fee as specified in subsection 5660(b) and, if applicable, transfer fee penalty as specified in subsection 5660(c);
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.5, 18080.5, 18085, 18100.5, 18102.3, 18103, 18114, 18114.1, 18115, 18116, 18117.5 and 18123.5, Health and Safety Code.
s 5530.1. Avoidance of Penalties and Administrative Service Fees - Commercial Coach Registration When the Certificate of Title Is In the Department's Possession.
(a) A dealer shall not be required to pay penalties pursuant to Health and Safety Code Sections 18114, 18115, 18116 or Section 5660(c), or administrative service fees pursuant to Health and Safety Code Section 18123.5, during any time the certificate of title for a commercial coach sold, leased with an option to buy or otherwise transferred by that dealer is in the possession of the department and the dealer complies with the requirements of this Section.
(b) The dealer shall submit the following to the department within 10 days after the date of sale or lease:
(1) the report of sale and fees (but not the penalties or administrative service fees) required by subsection 5530(b); and
(2) the fees (but not the penalties) required by subsection 5530(d).
(c) Within 10 days after receipt of the certificate of title from the department, the dealer shall:
(1) perform all of the requirements of Section 5530 not performed pursuant to Section 5530.1(b);
(2) submit to the department either:
(A) a copy of the acknowledgment of receipt of fees sent to the dealer by the department which evidences the department's receipt of the fees submitted by the dealer for the commercial coach pursuant to subsection 5530.1(b); or
(B) a canceled check endorsed by the department to reflect the department's receipt of the fees submitted by the dealer for the commercial coach pursuant to subsection 5530.1(b).; and
(3) submit to the department a statement signed under penalty of perjury by the dealer, which includes unit identifying information and sets forth the date of receipt of the certificate of title by the dealer.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18114, 18114.1, 18115, 18116 and 18123.5, Health and Safety Code.
s 5531. Changes to Registration of Used Units Registered with the Department or DMV -Dealer Non-Participation Transfers.
(a) For each used unit sold, leased with an option to buy, or transferred by any other means, and not installed as a real property unit, other than by a dealer (including transfers by a dealer that has gone out of business prior to completing the registration amendment process), the transferee shall apply for an amendment to the department or DMV registration for that unit within 20 days after the date of sale or lease. The application for registration shall be submitted to the department, and shall meet the requirements of this Section.
(b) The application for registration shall include either:
(1) one of the following titling documents for the unit, endorsed to release the registered owner and report the new registered owner, or one of the alternatives to such endorsements, as required by Section 5533:
1. a certificate of title;
2. an ownership certificate, certificate of ownership or certificate of title issued by DMV; or
3. an application for duplicate certificate of title as described in Section 5550; or
(2) documents that reflect the transfer of the unit to the transferees, which may include the sales contract, purchase order, canceled checks or invoices, and a bond or undertaking and statement that comply with the requirements of Section 5547.
(c) The application for registration shall also include:
(1) unless the registration card is in the possession of the department pursuant to Section 5546.1, either:
(A) the registration card for the unit or
(B) an application for a duplicate registration card as required by Section 5551;
(2) if a notice of escrow opening was required by Section 5571, a notification of escrow closing that meets the requirements of Section 5573;
(3) for each legal owner or junior lienholder to be added to or removed from the unit's registration, the necessary title endorsements, statements or bonds and fees required by Article 8; and
(4) if the unit is a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation, a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the unit is located, as required by Section 5547.1.
(d) The transferee shall also submit the following fees:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, and 18114.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code;
(4) to register a truck camper or floating home: all fees and penalties due and payable pursuant to Section 18114 of the Health and Safety Code;
(5) to register any unit other than a floating home: the transfer fee and transfer penalties due and payable pursuant to subsection 5660(a);
(6) provided that the transferee shall not be responsible for any penalties due as a result of a dealer having gone out of business.
(e) The transferee shall pay use tax, unless exempt therefrom pursuant to Section 5667 or Section 5668.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.55, 18075.7, 18085, 18103, 18114, 18114.1, 18115, 18116, 18116.5, and 18123.5, Health and Safety Code.
s 5532. Report of Transfer.
(a) Following any sale, lease with an option to buy, or transfer by any other means of a used unit registered with the department or DMV, the transferor(s) of the used unit shall, within 20 days after the date of sale or lease, complete and forward to the department a notice of the sale or transfer.
(b) The notice of sale or transfer shall be signed under penalty of perjury by the transferor(s), and shall contain the following information:
(1) the applicable unit identifying information;
(2) the name and address of the transferee(s);
(3) a statement that:
(A) the transferor(s) is the lawful owner(s) of the unit, has the right to sell the unit, guarantees and will defend the title to the unit against claims and demands arising prior to the dated date of the statement;
(B) the unit is free of all liens and encumbrances, except for the lien(s) of the lienholder(s) identified in the statement; and
(C) the transferor(s) transferred the unit to the transferee(s) on the date and for the sum specified in the statement.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18100.5(a), Health and Safety Code.
s 5533. Titling Document Endorsements and Alternatives.
(a) The applicable titling document listed in subsection 5530(c)(1) or 5531(b)(1) shall be endorsed by each registered owner identified thereon, or by an appropriate co-owner or heir pursuant to Sections 5542 and 5542.1, in the location established for signatures of releasing registered owner(s). In lieu of these endorsements, the department shall accept:
(1) the original notice of sale or transfer of the unit to the transferee(s), received by the department pursuant to Section 5532; or
(2) an original bill of sale, bearing the applicable unit identifying information, and signed under penalty of perjury by each registered owner, or by an appropriate co-owner or heir pursuant to Sections 5542, 5542.1, and 5542.2 which evidences release of the interest of each such registered owner to the transferee(s).
(b) The applicable titling document listed in subsection 5530(c)(1) or 5531(b)(1) must be endorsed by each transferee seeking to be registered with the department as a registered owner, in the location established for signatures of new registered owner(s), unless the transferee(s) submit to the department a registration information document as required by Section 5542.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5(a) and 18102.5, Health and Safety Code.
s 5540. Recording a Registered Owner, Legal Owner or Junior Lienholder Interest in a Unit.
(a) The registered owner, legal owner or junior lienholder interest in a unit shall be recorded in one of the following manners:
(1) individual,
(2) trustee,
(3) company,
(4) estate,
(5) conservator,
(6) guardian,
(7) emancipated minor,
(8) lessor/lessee, or
(9) a co-ownership consisting of any of the above, except to the extent an individual has named a TOD beneficiary.
(b) The registered ownership interest in a unit recorded in a single individual may also reflect a "transfer on death beneficiary" or "TOD" beneficiary". In order to name a TOD beneficiary, the application must contain, in addition to the information required for registration in the name of an individual registered owner, as set forth in subsection 5540(c)(1), a statement requesting the inclusion of a TOD beneficiary, signed under penalty of perjury by the applicant, that includes the unit identifying information and the name of the party to be added to the record as TOD beneficiary.
(c) The applicant shall comply with the following requirements, for the form of registered owner, legal owner, or junior lienholder registration requested.
(1) "Individual." The application shall contain the applicant's true name. The true name shall not include the use of any title, unless the applicant certifies that the title is part of his or her true name, and provides a statement signed under penalty of perjury which includes,
(A). the unit identifying information, and
(B). a statement certifying that any title shown as part of the true name is commonly used as part of the individual's name, or
(C) a statement certifying that the use of individual name with the abbreviation "AKA" (meaning "also known as") followed by the other known name, is commonly used as part of the individuals name.
(2) "Trustee." The application shall contain a statement, signed under penalty of perjury, by each trustee, providing the following:
(A) the unit identifying information;
(B) the name and date of the trust agreement;
(C) the name of the trustor(s);
(D) the name of the trustee(s);
(E) acknowledgment that the trustee(s) will notify the department immediately upon any change to the trust agreement identified by submitting a statement that contains the items as specified in subsections (2)(A)-(E).
(3) "Company." The application shall contain the signature of an officer or authorized agent of the company and the company name, which may include the designation "doing business as" (DBA), "limited liability company" (LLC), "limited liability partnership" (LLP), or "limited partnership."
(4) "Estate." The application shall contain a copy of the Letters Testamentary or Letters of Administration issued by a Superior Court, which contains an endorsement or stamp by the clerk of the court indicating the date the document was filed by the court.
(5) "Conservator." The application shall contain a copy of the Letters of Conservatorship issued by a Superior Court, which contains an endorsement or stamp by the clerk of the court indicating the date the document was filed by the court.
(6) "Guardian." The application shall contain either:
(A) a copy of the Letters of Guardianship issued by a Superior Court, which contains an endorsement or stamp by the clerk of the court indicating the date the document was filed by the court, or (B) a statement, signed under penalty of perjury by a parent claiming sole guardianship of a minor, which shall include, at least unit identifying information; and a statement certifying that the parent is the sole guardian of the minor.
(7) "Emancipated Minor." The application shall contain:
(A) the emancipated minor's true name;
(B) a statement signed under penalty of perjury which shall include at least the following information:
1. the unit identifying information;
2. a statement certifying that the applicant is an emancipated minor, specifying the basis of his or her emancipation; and
3. if applicable, certifying that any title shown as part of the true name is commonly used as part of the individual's name or
4. if applicable, certifying the use of individual name with the abbreviation "AKA" (meaning "also known as") followed by the other known name, is commonly used as part of the individuals name, and
(C) evidence to support the basis of the applicant's emancipated status (e.g., a copy of his or her declaration of emancipation issued by a Superior Court which contains an endorsement or stamp by the clerk of the court indicating the date the document was filed by the court, evidence of his or her enlisted in the armed forces of the United States, etc.).
(8) "Lessor/Lessee." The application shall contain the applicable requirements specified in 5540(c) depending on whether the lessor or lessee is an individual, a company, an estate, etc.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18080.2 and 18085, Health and Safety Code.
s 5540.1. Recording the Registered Owner, Legal Owner or Junior Lienholder as a Co-ownership.
(a) When the registered owner, legal owner, or junior lienholder of a unit is one or more persons, the applicable interest shall be recorded as:
(1) two or more persons as "joint tenants", or
(2) two or more persons as "tenants in common and", or
(3) two or more persons as "tenants in common or", or
(4) community property in the names of a husband and wife.
(b) An application to record the registered ownership, legal ownership, or junior lienholder interest of a unit as co- owners shall include whichever of the following is required by Article 2, Article 3, or Article 8 of this Chapter for the type of application being submitted, with the desired type of co-ownership clearly written on:
(1) the titling document submitted with the application, or
(2) the registration information document as specified in subsection 5542(b) ; or
(3) the Dealer Report of Sale or Lease, New Manufactured Home, or Multi-unit Manufactured Housing form HCD 480.1, version dated 7/97, the Dealer Report of Sale or Lease, New Commercial Coach, form HCD 480.2, version dated 7/97, or the Dealer Report of Sale or Lease With an Option to Buy a Used Manufactured Home, Mobilehome, Multi-unit Manufactured Housing or Commercial Coach, form HCD 480.3, version dated 7/97; or.
(c) The application for registration shall include a statement signed under penalty of perjury, that includes, the unit identifying information and a statement certifying the co-ownership term desired.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080 and 18085, Health and Safety Code.
s 5541. Applications Requiring a Registration Information Document.
(a) A registration information document, meeting the requirements of subsection (b), shall be completed by the applicant and submitted as part of an application for registration for any unit for which a department issued title has not been issued unless the application;
(1) is submitted by a dealer and includes the appropriate dealer report of sale form, as described in Section 5575, properly completed;
(2) includes an application for a duplicate certificate of title, as described in Section 5550, properly completed.
(b) A registration information document shall be signed under penalty of perjury by all registered owners, and shall which contain the following information:
(1) the unit identifying information;
(2) the name of the manufacturer of the unit, if known;
(3) the manufacturer's ID number, if known;
(4) the model name or number, if known;
(5) the date the unit was manufactured, if known;
(6) the California dealer's license number, if a transaction by or through a California dealer;
(7) if the unit is new, the date the unit was transferred to the dealer from the manufacturer, if known;
(8) the date the unit was first sold new, if known;
(9) each HUD Label or HCD Insignia number affixed to the unit(s);
(10) if the unit is a manufactured home or multi-unit manufactured housing, the length and width, in inches, of each transportable section of the unit; and if the unit is a commercial coach, truck camper, or floating home, the length and width, in inches, of the unit.
(11) if the unit is a manufactured home or multi-unit manufactured housing, the weight of each transportable section of the unit, if known and, if the unit is a commercial coach, truck camper, or floating home, the weight of the unit, if known;
(12) the true name of each registered owner;
(13) the current mailing address of the registered owner(s);
(14) the future mailing address of the registered owner(s) if, different from the current mailing address;
(15) the location address of the unit
(16) the name and address of the legal owner, if any;
(17) the name and address of each junior lienholder if, any;
(18) if the unit entered California from another state:
(A) the state the unit was last registered in and the date the unit was last registered, if applicable;
(B) the month, day, and year the unit entered California;
(C) what state each applicant was a resident of when the unit was last registered;
(D) each applicant's current state of residence;
(E) the date each applicant became gainfully employed or entered into business in California, if applicable;
(F) any outstanding titles for the unit other than those accompanying the application;
(G) any lien(s) against the unit other than the lien(s) shown on the title document submitted with the application.
(19) if the application is for an original registration the applicant shall provide the following information:
(A) from whom the unit was purchased, a dealer, manufacturer, or an individual;
(B) the date of the sale;
(C) the date of delivery or installation of the unit;
(D) the purchase price of the unit excluding sales tax, finance charges, transportation and installation charges, and the cost of unattached accessories.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18085, 18086 and 18100.5, Health and Safety Code.
s 5542. Endorsements by Co-owners.
(a) When a registered owner, legal owner, or junior lienholder is required to endorse a document to transfer his, her, or its ownership in a unit, and that registered ownership, legal ownership, or junior lienholder interest is held by co-owners following requirements shall be applicable:
(1) For joint tenant co-owners, each co-owner shall sign unless one or more of the co-owners is deceased, in which case
(A) the application shall contain a copy of the certified death certificate for each the deceased co-owner, and all surviving co-owner(s) shall sign.
(B) If all recorded co-owners are deceased, the heir(s), administrator, or executor of the estate as determined by Section 5542.1, of the most recently deceased co-owner, shall sign.
(2) For co-owners registered as tenants-in-common with the names joined by "and", the following shall be applicable:
(A) To transfer full interest in the unit, each co-owner shall sign.
(B) To transfer the individual interest of one co-owner, the co-owner transferring his or her interest in the unit shall sign. The signatures of the other co-owners are not required.
(C) To transfer a deceased co-owner's interest in a unit, the heir(s), administrator, or executor of the estate, as determined by Section 5542.1 of the deceased co-owner, shall sign.
(3) For co-owners registered as tenants-in-common with the names joined by "or,"
(A) any one of the co-owners shall sign.
(B) In the event all of the co-owners are deceased, either the heir(s), the administrator, or the executor of the estate, as determined by Section 5542.1, of the most recently deceased co-owner shall sign.
(4) For co-owners registered as husband and wife holding their interest as community property, the husband and wife shall each sign..
(A) To transfer a deceased co-owner's interest in a unit, the heir(s), administrator, or executor of the estate, as determined by Section 5542.1, of the deceased co-owner, shall sign.
(b) When a registered owner, legal owner, or junior lienholder is required to endorse a document to transfer his, her, or its interest in a unit registered with the department prior to January 1, 1985, and the unit's registration has not been subsequently changed to reflect co-owner terms described in subsection 5542(a), the following requirements shall be applicable:
(1) For interests held as tenants-in-common or as names separated by the word "or", the endorsement requirements provided in subsection 5542(a)(3) for tenants-in-common with the names joined by "or" shall apply
(2) For interests held as names joined by "and", the endorsement requirements provided in subsection 5542(a)(1) for joint tenants shall apply, with the exception that when one of the named owners dies, the heir, administrator, or executor of the estate, as determined by Section 5542.1, of the deceased named owner, shall sign for the deceased named owner.
(c) When the registered owner, legal owner, or junior lienholder is required to endorse a document to transfer his, her, or its interest in a unit which was originally registered by DMV and the unit's registration has not been subsequently changed to reflect co-owner terms described in subsection 5542(a) the following requirements shall be applicable:
(1) For interests held as names joined by the word "or", the endorsement requirements provided in subsection 5542(a)(3) for tenants-in-common with the names joined by "or" Shall apply.
(2) For interests held as names joined by the word "and", or by a slash (/) with no other conjunction or co-owner term, the endorsement requirements provided in subsection 5542(a)(1) for joint tenants shall apply with the exception that when one of the named owners dies, the heir, administrator, or executor of the estate, as determined by Section 5542.1, of the deceased named owner, shall sign for the deceased named.
(3) For interests held as names joined by "and/or" the endorsement requirements provided in subsection 5542(a)(3) for tenants-in-common with the names joined by "or" shall apply.
(4) For interest held as joint tenants the endorsement requirements provided in subsection 5542(a)(1) for joint tenants shall apply.
(5) For interests held as community property the endorsement requirements provided in subsection 5542(a)(4) for community property shall apply.
(d) Notwithstanding anything in Section 5541 to the contrary, when a registered owner is required to endorse a document to record a new legal owner or junior lienholder, each co-owner must sign as required in Sections 5581 and 5585. Therefore, when one of the co-owners is deceased, the application to record a new legal owner or junior lienholder shall also transfer the registered ownership of the unit from the deceased co-owner.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075 and 18080, Health and Safety Code.
s 5542.1. Endorsement for a Deceased Registered Owner, Legal Owner, or Junior Lienholder.
(a) In order for an heir or beneficiary pursuant to a decedent's will, other than a TOD beneficiary, to sign a document for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:
(1) The application for registration shall include a copy of the death certificate of the deceased owner and the heir shall complete:
(A) his, her, or its statement, signed under penalty of perjury, which includes:
1. the unit identifying information;
2. the name of the deceased individual;
3. the date of death of that individual;
4. the place of death, city and state or province, and country;
5. a statement that said deceased left no other property necessitating probate and no probate proceeding is now being or has been conducted in this state for the decedent's estate; that said unit has not been by will bequeathed to anyone else; either
A. that the decedent left no will and the declarant(s) is(are) entitled to the above-described unit as the sole heir (or heirs) pursuant to 6401 and 6402 of the California Probate Code, or
B. that the decedent left a will and the declarant(s) are entitled to the above-described unit as the sole beneficiary (or beneficiaries) under the decedent's last will; that no one has a right to the unit that is superior to that of the declarant(s); that forty (40) days have elapsed since the decedent's death; and that there are no unsecured creditors of the deceased whose claims remain unsatisfied or:
(B) his, her, or its statement, signed under penalty of perjury, which includes the information specified in subsections (A)1. through (A) 4., above, and a copy of each of the following documents, each of which shall contain an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by that court:
1. an order by the Superior Court settling the final account and final distribution of the decedent's estate, which contains a description of the unit and of the declarant(s) sufficient for the department to determine that the declarant(s) is(are) the party(ies) to whom the decedent's interest in the unit was settled;
2. a receipt evidencing the declarants' (s's) receipt of the unit or an order of the Superior Court excusing the filing of the receipts by the decedent's heirs and beneficiaries; and
3. an order of the Superior Court discharging the decedent's personal representative (administrator, executor, etc.) from liability.
(2) An endorsement by an heir or beneficiary shall consist of the printed or written name of the deceased registered owner followed by the signature of each heir or beneficiary.
(3) If the signatures are required to transfer a registered owner's interest in a unit, no TOD beneficiary shall have been designated by the decedent registered owner.
(b) For the TOD Beneficiary to transfer ownership to him or herself after the death of the registered owner;
(1) The TOD beneficiary shall submit, with the application for registration, a copy of the death certificate of the deceased registered owner, and
(2) and a statement, signed under penalty of perjury, which contains the following information:
(A) the unit identifying information;
(B) the name of the party to whom the unit is to be registered ;and
(C) the date the registered owner of the unit died and the place of death.
(3) An endorsement by a TOD beneficiary shall consist of the printed or written name of the deceased registered owner followed by the signature of the TOD beneficiary.
(c) For an administrator of an estate to sign documents for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:
(1) The administrator shall submit, with the application for registration, a copy of the Letters of Administration containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court.
(2) An endorsement by an administrator of an estate shall consist of, either:,
(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the administrator, using the exact name used in the Letters of Administration, and followed by the word "Administrator," or
(B) the signature of the administrator, using the exact name used in the Letters of Administration, followed by "Administrator of the Estate of (name of the decedent)."
(d) For a public administrator to sign documents for a deceased registered owner, legal owner, or junior lienholder, the following shall apply:
(1) When the administrated estate is valued at more than $10,000 and not in excess of $100,000 or any greater amount prescribed in Probate Code Section 13100, a copy of the court order authorizing the distribution of the property, containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court, shall be submitted as part of the application for registration.
(2) When an estate is valued at $10,000 or less, the public administrator shall provide a statement signed under penalty of perjury, that includes, but is not limited to, the following information:
(A) The unit identifying information;
(B) a statement that the decedent's estate was valued at $10,000 or less.
(3) An endorsement by a public administrator shall consist of:
(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the public administrator or a deputy public administrator, and followed by the words "Public Administrator"; or
(B) the signature of the public administrator or a deputy public administrator, followed by "Public Administrator of the Estate of (name of the decedent)."
(e) In order for an executor of an estate to sign documents for a deceased registered owner, legal owner or junior lienholder, the following shall apply:
(1) A copy of the Letters Testamentary, containing an endorsement or stamp by the clerk of a Superior Court indicating the date the document was filed by the court, shall be submitted with the application for registration.
(2) An endorsement by an executor of an estate shall consist of;
(A) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the executor, using the exact name used in the Letters Testamentary and followed by the word "Executor," or
(B) The signature of the executor, using the exact name used in the Letters Testamentary, followed by "Executor of the Estate of (name of the decedent)."
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18080.2, 18085, 18100.5, and 18102, Health and Safety Code.
s 5542.2. Acceptable Signatures and Endorsement By an Authorized Representative of a Registered Owner, Legal Owner, or Junior Lienholder Other Than a Deceased Registered Owner, Legal Owner, or Junior Lienholder.
(a) The signature of an individual shall be in the true name of that person, or shall be sufficiently similar to his or her true name so as to be reasonably determinable as the "normal signature" of that individual. A signature will be reasonably determinable as the "normal signature" of an individual if it varies from the individual's true name only because it uses initials rather than the entire first or middle name, or because it omits the middle name. Variations beyond those acceptable as the "normal signature" will be accepted only if a statement meeting the requirements of Section 5543(c) is submitted by the signatory.
(b) The signature of a trustee of a trust shall be accepted by the department if the requirements of Section 5540(c)(2) have been met, and if the trustee named in the trust agreement submitted pursuant to Section 5540(c)(2) is:
(1) an individual, the signature is in the true name or the "normal signature" as defined in subdivision (a) above of the individual named as trustee, followed by the word "trustee"; or
(2) a company, the signature meets the requirements of subsection (c) for the company named as trustee, followed by the word "trustee".
(c) An officer or authorized agent of a company shall type or print the company name and shall sign for the company. The initials of an officer or authorized agent's signature shall be either the officer or authorized agent's true name or shall meet the definition of a "normal signature" set forth in subsection (a).
(d) The signature of a personal representative of a deceased registered owner, legal owner, or junior lienholder, or of an administrator or executor of an estate holding registered ownership, legal ownership, or a junior lienholder interest in a unit, shall be as specified in Section 5542.1.
(e) An illiterate person or mentally competent person who can no longer write his or her normal signature may sign with a mark. Next to the mark, one witness shall print the name of the person who signed with a mark and shall sign his or her own name. Two witnesses must sign their names before the mark can be used as an acceptable signature on a statement signed under penalty of perjury.
(f) A signature by an attorney-in-fact, designated in a power of attorney, shall be accepted if the following requirements are met:
(1) the attorney-in-fact shall present either the original power of attorney or a copy;
(2) the power of attorney shall be one of the following:
(A) A statement appointing an attorney-in-fact which includes at least the following information:
1. The unit identifying information;
2. Name of the person or company appointing the attorney in fact.
3. Name of the person or company being appointed as the attorney-in-fact.
4. Statement authorizing the appointed attorney-in-fact to sign papers and documents contained in an application for registration.
5. Signature of the person or company appointing the attorney-in-fact.
6. Date the statement is signed; or.
(B) A statement which purports to grant powers of attorney and which:
1. contains the date of its execution;
2. is signed by the principal or in the principal's name by some other person in the principal's presence; and
3. is acknowledged before a notary public or by two witnesses other than the attorney-in-fact that either witnessed the signing or the power of attorney by the principal or the principal's acknowledgment of the signature or the power of attorney; or
(C) a properly completed statutory form of power of attorney as specified in Section 4401 of the Probate Code that complies with Section 4402 of the Probate Code; or
(D) any properly completed statutory form of power of attorney which complies substantially with former Civil Code Section 2450 (originally enacted by Statutes 1984, chapter 602) or former Civil Code Section 2475 (originally enacted by Statutes 1990, chapter 986), and Probation Code section 4102, and is signed by the principal and acknowledged by a notary public; and
(3) the attorney-in-fact writes or types the name of the principal and signs below it as the attorney-in-fact.
(g) In order for a conservator to sign documents for a registered owner, legal owner, or junior lienholder, a copy of the Letters of Conservatorship issued by a Superior Court, which contains an endorsement or stamp by the clerk of the court indicating that date the document was filed by the court shall have been received by the department, and the endorsement shall consist of either:
(1) the printed or written name of the registered owner, legal owner, or junior lienholder, and the signature of the conservator using the exact name used in the Letters of Conservatorship or, when the conservator is a public administrator, the deputy administrator, and followed by the word "Conservator"; or
(2) the signature of the conservator using the exact name used in the Letters of Conservatorship or, when the conservator is a public administrator, the deputy administrator, followed by "Conservator for (name of the conservatee)."
(h) In order for a guardian to sign documents for a registered owner, legal owner, or junior lienholder, the requirements of Section 5540(c)(6) shall have been met, and the endorsement shall consist of either:
(1) The printed or written name of the registered owner, legal owner, or junior lienholder, and the signature of the guardian, using:
(A) the exact name used in the Letters of Guardianship, if applicable, or, when the guardian is a public administrator, the deputy administrator, and followed by the word "Guardian"; or
(B) the guardian's "normal signature" as defined in subsection (a) above, if the guardian is signing as the parent of the registered owner, legal owner or junior lienholder; or
(2) the signature of the guardian followed by "Guardian for (name of the ward)", with the signature of the guardian using either:
(A) the exact name used in the Letters of Guardianship, if applicable, or, when the conservator is a public administrator, the deputy administrator; or
(B) the guardian's "normal signature" as defined in subsection (a) above, if the guardian is signing as the parent of the registered owner, legal owner or junior lienholder.
(i) In order for a trustee, appointed by the Bankruptcy Court, to sign documents for a registered owner, legal owner, or junior lienholder, a copy of the order of the Bankruptcy Court appointing the signatory as trustee in bankruptcy for the registered owner, legal owner or junior lienholder, containing an endorsement or stamp by the clerk of the Bankruptcy Court indicating the date the document was filed by the court, shall be submitted to the department, and endorsement shall consist of either:
(1) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the bankruptcy trustee, using the exact name used in the order of the Bankruptcy court, and followed by the word "Trustee"; or
(2) the signature of the trustee, using the exact name used in the order of the Bankruptcy court, followed by "Trustee for (name of the bankrupt registered owner, legal owner or junior lienholder)."
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18085 and 18100.5, Health and Safety Code.
s 5543. Requirements for Clarification, Correction, or Change of Name.
(a) A registered owner, legal owner or junior lienholder may apply to the department for a clarification, correction or change of name and shall meet the requirements of this section.
(b) The application for registration shall include the statement as specified in subsection (c) when;
(1) An individual's or company's name is signed or printed so differently that it is possible two different people or companies are involved, or
(2) A individual's or company's name is misspelled on registration and titling documents, or
(3) An individual or company has changed his/her/it's name and the name differs from the name recorded on the department's records.
(c) When the application includes the clarification or correction of an individual or company's name, or the change of name of an individual, a statement completed by the party whose name requires clarification, correction, or change, signed under penalty of perjury which includes the following information:
(1) The unit identifying information.
(2) A statement attesting to the clarification, correction, or change in name.
(d) When the change of name involves a company, the application shall include one of the documents as specified in Section 5543.1
(e) When the person whose name is in question is no longer available to complete and sign a statement, an individual having knowledge of the name in question can attest to this knowledge and to how this knowledge was gained by completing the statement as described in subsection (b)(1) and (2).
(f) An application submitted to the department to clarify, correct, or change the name(s) of the registered owner(s) or legal owner shall also include:
(1) the titling document, and
(2) the registered owner's registration card, if the application is to clarify, correct, or change the name of the registered owner(s).
(g) An application submitted to the department to clarify, correct, or change the name(s) of the junior lienholder(s) shall also include:
(1) the junior lienholder's registration card.
(h) When the application to clarify, correct, or change the name of the registered owner(s) is not submitted with any other addition, deletion, or change in registered owner, payment for a transfer fee as specified in subsection 5660(b) shall be submitted.
(i) When the application to clarify, correct, or change the name of the legal owner(s) or junior lienholder(s) is not submitted with any other addition, deletion, or change in legal owner(s) or junior lienholder(s), payment of the lien registration service fee as specified in subsection 5660(m) shall be submitted.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18085 and 18100.5, Health and Safety Code.
s 5543.1. Company Name Change Without a Change in Business Entity.
(a) When a company changes its name without a change of business entity and the name now differs from the name shown on registration and titling documents, a clarification of name is required, as specified in subsections (b) or (c), as part of an application for registration.
(b) One of the following documents is required, when the company is a corporation:
(1) A copy of the Board of Directors Resolution authorizing the name change;
(2) A copy of the minutes of the meeting that authorized the name change;
(3) A statement on company letterhead, signed and dated by a corporate officer or authorized agent of the company, explaining that the name change did occur and that a change of business entity did not occur.
(c) When an individual or a partnership owns the company:
(1) A statement signed under penalty of perjury which contains the following information:
(A) The unit identifying information and
(B) A statement explaining that the name change did occur and that a change of business entity did not occur.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18085, 18100.5, Health and Safety Code.
s 5544. HUD Label and HCD Insignia Number Requirements.
(a) Except as provided in subsection (b), all applications for registration submitted to the department to report the sale, rent, or lease of a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach manufactured on or after September 1, 1958 must contain the HUD label or HCD insignia number(s).
(b) The provisions of this section shall not apply to manufactured homes, mobilehomes, multi-unit manufactured housing, and commercial coaches sold to the federal government for use on federal lands or to commercial coaches manufactured for delivery out-of-state.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18026, 18026.1, 18085, 18091, Health and Safety Code.
s 5545. Smoke Detector Certification Requirements.
(a) When an application is submitted to the department to transfer ownership, as the result of a sale of a used manufactured home, mobilehome, or multi-unit manufactured housing, the application shall include the following:
(1) A statement signed under penalty of perjury, which contains the following information:
(A) The unit identifying information and
(B) A statement certifying that the manufactured home, mobilehome, or multi-unit manufactured housing, is equipped with an operable smoke detector on the date of transfer of title.
Note: Authority cited: Sections 18015, 18075, 18029.6, Health and Safety Code. Reference: Section 18029.6, Health and Safety Code.
s 5546. Acceptable Methods to Renew Yearly Registration.
(a) The registration of a manufactured home, mobilehome, or commercial coach subject to in lieu taxation, shall be renewed annually no later than the expiration date of the previous year's registration.
(b) Each application for renewal of registration shall include fees specified in Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(c) The application for renewal of registration may consist of one of the following items:
(1) The Registration Renewal Billing Notice mailed by the department to the registered owner, as recorded on the department's records.
(2) The last issued registered owner's registration card provided by the department pursuant to Section 18080.7(d) of the Health and Safety code.
(d) If the fees as specified in Sections 18114, 18114.1, 18115, and 18116 are not paid within sixty days of the expiration date of the registration, for a manufactured home or mobilehome, the department issues a notice of delinquency. This notice may be used as an application for renewal of registration, if transmitted to the department along with the fees specified in Sections 18114, 18114.1, 18115, and 18116, of the Health and Safety Code.
(e) The payment of renewal fees shall be presented in person to the department within normal working hours up to and including the date of expiration or shall be mailed to the department with a postmark before midnight of the date of expiration or with a statement completed by the applicant that the fees were mailed by midnight of the date of expiration.
(f) The sticker issued by the department upon payment of the registration fees, shall be placed in the upper right hand corner of the decal or license plate(s) located on the unit as specified in Section 18092(b) of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18092, 18109, 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5546.1. Payment of Annual Renewal Fees With an Application for Registration.
(a) When an application is submitted to the department for a change, addition, or deletion of the registered owner's name or names, within sixty days of the date of expiration on a manufactured home, mobilehome, or commercial coach, the renewal fees specified in Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code shall accompany the application, unless the applicant can provide evidence of current registration. Current registration refers to the registration for the upcoming registration year.
(b) The department will accept any one of the following items as evidence of current registration:
(1) The registered owner's registration card issued by the department or DMV, which displays a current expiration date.
(2) The titling document issued by the department or DMV, which displays a current expiration date.
(3) Written acknowledgment issued by the department, which shows the amount of renewal fees paid and the date the renewal fees were submitted to the department for the renewal of the registration of a unit. The renewal of the registration shall be for the upcoming registration year.
(4) The number located on the renewal sticker issued by the department after payment of annual renewal fees for the upcoming registration year.
(5) A photocopy of the front and back of a canceled check, money order, or cashier's check used as payment of annual renewal fees for the upcoming registration year.
(6) A receipt issued by DMV, which shows the amount and date renewal fees were submitted to DMV to renew the registration of the unit for the upcoming registration year.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18108, 18108.5, 18109, 18114, 18114.1, 18115, 18116, 18116.1 and 18118, Health and Safety Code.
s 5547. Requirements forBonds and Other Undertakings. (continued)