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(continued)
(a) When at any time in Chapter 5, a requirement for an application for registration of a unit includes, as an alternative, the provision of a bond or undertaking as described in this section, the bond or undertaking shall be one of the following:
(1) A surety bond issued by a surety company authorized to transact general surety business in the State of California, executed by the principal and surety and acknowledged by a Notary Public using the certificate of acknowledgment specified in Section 1189(a) of the Civil Code. The bond shall be valid for a three-year period from the date the completed application for registration is received by the department.
(2) A certificate of deposit or investment certificate issued by a financial institution authorized to do business in the State of California and insured by the Federal Deposit Insurance Corporation, which indicates the name of the depositor and is made payable to the department. The certificate of deposit or investment certificate shall be valid for a three-year period from the date the completed application for registration is received by the department.
(3) Money deposited in a financial institution evidenced by a share or savings account passbook which shows the name and address of the financial institution and contains the signature of an officer or authorized agent of the financial institution. The account passbook shall be assigned to the department by the person evidence by the passbook to be the depositor of the account. The assignment of the account passbook shall be valid for a three-year period from the date the completed application was received by the department.
(4) A cashier's check made payable to the department. A warrant in the amount of the cashier's check will be sent to the applicant by the department at the end of the three-year period, beginning with the date the completed application for registration is received by the department.
(5) Any governmental agency identified in Section 995.220 of the Code of Civil Procedure may, in lieu of a bond or undertaking described herein, submit a letter of indemnification, indemnifying the department from all claims occurring because of the lack or defect in the application for registration. The letter of indemnification shall acknowledge the acceptance by the issuing governmental agency of all liability due to any claims, suits, actions, losses or damage on account of any defect in or undisclosed claim, lien, or encumbrance of whatever nature, pertaining to the application for registration or the registration or titling of the unit pursuant thereto. The letter shall include the unit identifying information and an acknowledgment that the indemnification shall remain in effect for a period of 3 years from the date the completed application for registration is received by the department.
(b) The value of any bond or other undertaking accepted by the department, except for a letter of indemnification described in subsection (a)(5) above, shall be the greater of:
(1) the total contract (sale) price of the unit;
(2) the current market value of the unit based on the manufacture year, makeup, condition and location of the unit; or
(3) the average of the values given in the current edition of the National Automobile Dealers Association (N.A.D.A.) Mobile/Manufactured Housing Appraisal Guide and the Kelley Blue Book.
(c) An application for registration which includes a bond or undertaking described in subsection (a) above shall not be accepted by the department unless it also includes:
(1) a statement, signed under penalty of perjury by the applicant(s) that:
(A) describes the circumstances requiring the submission of a bond or undertaking;
(B) explains how, when and from whom the unit was acquired; and
(C) describes reasonable attempts made to locate and obtain the document or signature for which the bond or undertaking is being submitted as an alternative; and
(D) a statement of the current market value of the unit;
(2) evidence that attempts were made by the applicant(s) to obtain the document or signature for which the bond or undertaking is being submitted as an alternative, which may be, for example, unopened, returned certified letters addressed to the last known address of the owner from which a signature or titling document has been sought;
(3) if the undertaking is either a certificate of deposit, an investment certificate, or an account passbook, pursuant to subsection (a)(2) or (a)(3), the following forms, completed and signed:
(A) form HCD 482.4, Irrevocable Assignment to the Department of Housing and Community Development, version dated 7/97, provided by the department, completed by each person providing the certificate of deposit, investment certificate or account passbook and by the financial institution in which the funds evidenced by the certificate of deposit, investment certificate or account passbook are deposited:
(B) form HCD 482.5, Notice of Acknowledgment, version dated 7/97, as provided by the department, completed by each person providing the certificate of deposit, investment certificate or account passbook:
(4) if the undertaking is a cashier's check pursuant to subsection (a)(4), completed and signed form HCD 482.5, Notice of Acknowledgment, version dated 7/97, as provided in subsection (c)(3).
(d) Notwithstanding anything in this section or in Chapter 5 to the contrary a bond or undertaking described in this section shall not be acceptable evidence to the department that the security interest of any inventory creditor, legal owner, junior lienholder or other party with a security interest in the unit identified on any DMV or department record no longer exits, if the inventory creditor, legal owner, junior lienholder or holder of the security interest is a financial institution. In that instance, the release of the security interest pursuant to Section 5581 or 5585, as applicable, will be required.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18085, 18086.5, 18100.5 and 18102.5, Health and Safety Code.
s 5547.1. Tax Clearance Certificate and Conditional Tax Clearance Certificate Requirements.
(a) An application for registration that transfers the interest of the registered owner of either a used manufactured home, used mobilehome, used multi-unit manufactured housing, or used floating home, which is subject to local property taxation, shall contain a completed Tax Clearance Certificate or a completed Conditional Tax Clearance Certificate.
(b) Except as provided in subsection (e), the Tax Clearance Certificate or the Conditional Tax Clearance Certificate shall be issued by the tax collector of the county within which the manufactured home, mobilehome, multi-unit manufactured housing, or floating home is located.
(c) The applicant's name(s) as shown on the Tax Clearance Certificate or the Conditional Tax Clearance Certificate shall be the same as the names of the new registered owner(s) shown on the application for registration.
(d) In order for the department to accept a completed Tax Clearance Certificate or a completed Conditional Tax Clearance Certificate, the application with which the certificate is submitted must be received by the department prior to the "void on or after date" shown on the certificate. If the application is incomplete and additional documents and/or fees are required, the department shall request a new certificate with a non-expired "void on or after date."
(e) In order for the Conditional Tax Clearance Certificate to be valid, the escrow officer shall complete the Certification of Escrow Officer portion of the Conditional Tax Clearance Certificate.
(f) In lieu of the Tax Clearance Certificate or Conditional Tax Clearance Certificate, an escrow officer shall provide a statement signed under penalty of perjury, which provides the following information:
(1) The unit identifying information;
(2) A statement certifying that a written demand for a completed Tax Clearance Certificate or a completed Conditional Tax Clearance Certificate was requested from the county tax collector, specifying the date, and that the county tax collector has failed to respond within thirty days of the date of the written demand.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(m) and 18092.7, Health and Safety Code.
s 5548. Statement of Error or Erasure.
(a) A person, who has in error signed, erased, lined through, altered a name or signature that denotes ownership, shall complete and submit to the department with the application for registration, a statement signed under penalty of perjury, which contains the following information:
(1) The unit identification and
(2) A statement indicating the line number and the name of the form on which the error occurred and certifying to the reason for the error or erasure.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 17403.2, Financial Code; Sections 18080.5, 18080.7 and 18100.5, Health and Safety Code.
s 5548.1. Assignment of Expiration Dates.
(a) The expiration date assigned for a nonresident manufactured home, mobilehome, or commercial coach shall be the last day of the month in which the annual registration fees become due, unless the month is December. December 30 shall be assigned, when fees become due in the month of December.
(b) The expiration date assigned to a manufactured home, mobilehome, or commercial coach, which changes from exempt registration to in lieu taxation status, shall be the last day of the month in which the unit no longer qualified for exempt status unless the month is December. December 30 shall be assigned, when the month is December.
(c) The expiration date assigned to a new commercial coach shall be the last day of the month in which the commercial coach is sold, unless the month is December. December 30 shall be assigned, when the month in which the commercial coach is sold is December.
(d) The expiration date assigned to a multi-sectioned manufactured home or mobilehome, previously registered with DMV under separate decals with different expiration dates, shall be the later expiration date. Prorated registration fees and vehicle license fees shall be required from the date of expiration to the new expiration date for the section of the manufactured home or mobilehome with the earlier expiration date.
(e) The expiration date assigned to a manufactured home or mobilehome, that was first sold new prior to July 1, 1980, and enters California from another state, will be the last day of the month that fees became due, unless the month is December. December 30 shall be assigned when fees become due in the month of December.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18114 and 18115, Health and Safety Code.
s 5549. Completion or Reproduction of Documents and Forms.
(a) All documents or forms submitted in an application for registration shall comply with the following requirements:
(1) All documents or forms shall be completed and signed in ink.
(2) All information provided on documents or forms submitted in an application for registration shall be completely legibly.
(3) All documents and forms typed or electronically produced shall be completed in at least 10 point type.
(b) Forms approved by the department and forms provided by the department pursuant to this Chapter, shall include reproductions by photographic or electronic means. Reproduction by photographic or electronic means shall not alter the form in any manner.
(c) Reproduction by electronic means of the forms required pursuant to this Chapter, shall include the originators name, company, or organization at the bottom of each form.
(d) Reproduction by electronic means of the forms required pursuant to this Chapter, shall not require the Department of Housing and Community Development seal to be part of the electronically reproduced form.
(e) Forms reproduced by electronic means shall be submitted to the department for review and the department shall notify the submitter of the acceptability or non-acceptability.
(f) All forms and documents submitted to the department shall be prepared on white paper except for original documents in existence or prepared prior to the current transaction.
(g) An application for registration that contains forms or documents not complying with subsections (a),(b),(c),(d), or (e) will be returned to the applicant.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18085, 18092.5 and 18100.5, Health and Safety Code.
s 5549.1. Confidentiality of Home Address for a Registered Owner.
(a) The registered owner of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home who does not wish his or her home address, as it appears in the department's records, disclosed as public information, shall comply with the requirements of this section.
(b) A registered owner requesting confidentiality shall submit a statement signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) The location address of the unit, that is to be confidential.
(3) The current mailing address of the unit. This address must be different than the location address as provided in subsection (2).
(c) The application shall include payment for a Home Address Confidentiality Fee as required by subsection 5660(o).
(d) In order to remove the confidentiality of the home address, the registered owner shall submit a statement signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) A written statement requesting the removal of the confidential status of the home address and providing the department with the current mailing address.
(f) When the department has recorded confidentiality, and a subsequent application for registration is submitted to the department to change the registered owner recorded on the permanent title record, a new request for confidentiality must be made and the requirements of this section met.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18081, Health and Safety Code.
s 5549.2. Change of Mailing Address.
(a) In order to change the mailing address for the registration of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home, the registered owner, legal owner or junior lienholder shall comply with the requirements of this section.
(b) The registered owner, legal owner, or junior lienholder shall notify the department of the change by complying with one of the following:
(1) Submit a written request to the department, providing the decal or license number(s), manufacturer's trade name, serial number(s) of the manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home, the applicant's name, old mailing address, and new mailing address. The letter also shall include a statement requesting the department to change its records to the new address.
(2) Contact the department and provide the decal or license number(s), manufacturer's trade name, serial number(s) of the manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper or floating home, his or her name, old mailing address, and new mailing address.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18098, Health and Safety Code.
s 5549.3. Change of Location Address for a Commercial Coach.
(a) When the location address of a commercial coach has been changed, the registered owner shall notify the department of the change within 10 days.
(b) The registered owner shall provide written notification, signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) The registered owner identifying information.
(3) The new location address for the unit.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18099, Health and Safety Code.
s 5549.4. Change of Location Address of a Manufactured Home, Mobilehome, Multi-unit Manufactured Housing, or Floating Home.
(a) In order to request a change of the address of the location of a manufactured home, mobilehome, multi-unit manufactured housing, or floating home, as shown on the department's records, the registered owner, legal owner, or junior lienholder shall submit a written notification to the department, signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) The registered owner identifying information.
(3) The new location address of the unit.
(b) If a legal owner is recorded on the department's records, in addition to the notification as required by subsection 5549.4(a), written consent of the legal owner, authorizing the location change shall be submitted with the notification required by subsection 5549.4(a).
(c) If a junior lienholder is recorded on the department's records, in addition to the notification as required by subsection 5549.4(a), written consent of the junior lienholder, authorizing the location change shall be submitted with the notification required by subsection 5549.4(a).
(d) When a request for consent to move a unit is mailed to the legal owner or junior lienholder and 30 days have passed since the request was mailed or delivered, and the legal owner or junior lienholder has neither given or withheld consent, and the unit is to be moved, the written notification as required in subsection 5549.4(a) shall contain a statement to this effect.
(e) The last issued registration card for the unit.
(f) The application shall include payment of the Situs Change Fee specified in subsection 5660(n).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18099.5 and 18100, Health and Safety Code.
s 5550. Requirements for Obtaining a Duplicate Certificate of Title.
(a) In addition to the applicable requirements of Article 2, Registration Requirements, of this chapter, an application to obtain a duplicate titling document shall meet the requirements of this section.
(b) When the title issued by DMV or HCD is lost, stolen, mutilated, illegible, or was not received, the legal owner or, if no legal owner, the registered owner shall complete and submit to the department an application for duplicate certificate of title, which contains the following information:
(1) The decal or license number for the unit.
(2) The serial number(s) for the unit.
(3) The trade name of the unit.
(4) The registered owner's name(s), mailing address and location address of the unit.
(5) The legal owner(s) name and address, if any.
(6) A certification of the missing title which is signed under penalty of perjury that states the disposition of the original title.
(c) When an application is submitted to the department that requires the correction of unit information or the registered owner(s) or legal owner(s) names, in addition to the requirements of subsection (b), the application for duplicate certificate of title shall contain the following information:
(1) The manufacturer name, if known.
(2) The manufacturer ID number, if known.
(3) Model name or number, if known.
(4) The date of manufacturer, if known.
(5) The date first sold new, if known.
(6) The HUD or HCD Insignia label number(s), if known.
(7) The length and width of each transportable section, if known.
(8) The weight of each transportable section, if known.
(d) When an application is submitted to the department to transfer the ownership of the registered owner(s) and/or the legal owner(s), in addition to the requirements of subsections (b) and (c), the following information shall be submitted on the application for duplicate certificate of title:
(1) The new registered owner(s) name, address, and location of the unit.
(2) The new legal owner(s) name and address, as specified in Section 5580, if any.
(3) The new junior lienholder(s) name and address as specified in Section 5584, if any.
(4) The release of the registered owner(s) as specified in Section 5533 and release date, if appropriate.
(5) The release of the legal owner(s)and release date, as specified in Section 5581, if appropriate.
(6) The release of the dealer, release date, and dealer license number, if the transaction occurred by or through a dealer.
(7) The signature(s) of the new registered owner(s) as specified in Section 5533.
(8) The purchase price and purchase date if the application is submitted to report the sale of a unit.
(e) If the unit is registered under a decal or license plate issued by DMV, the application shall include the last issued Registered Owner Registration Card.
(f) The application shall include payment of the Duplicate Certificate of Title Fee required by subsection 5660(f).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5, 18108.5 and 18110, Health and Safety Code.
s 5551. Requirements for Obtaining a Duplicate Registration Card for a Unit.
(a) When the registration card issued by the department is lost, stolen, mutilated, illegible, or was not received, the registered owner or junior lienholder may obtain a duplicate registration card for a unit. The registered owner or junior lienholder(s) shall complete and submit to the department an application for a duplicate registration card which contains the following information:
(1) The decal or license number(s) of the unit.
(2) The serial number(s) of the units.
(3) The trade name of the unit.
(4) The registered owner(s) name, mailing address, and location address of the unit.
(5) The junior lienholder name and address, if submitted by the junior lienholder.
(6) A certification signed under penalty of perjury that states the disposition of the original registration card.
(b) The application shall include payment of the Duplicate Registration Card Fee required by subsection 5660(g).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.7, 18090.5, 18100, 18100.5 and 18108, Health and Safety Code.
s 5552. Requirements for Obtaining a Substitute Decal or Substitute Year Sticker.
(a) In addition to the applicable requirements of Article 2, Registration Requirements, of this chapter, an application to obtain a substitute decal or substitute year sticker, when the original is lost, stolen, destroyed, mutilated, illegible, or not received, shall meet the requirements of this section.
(b) The registered owner shall submit to the department a written request for a replacement decal and/or sticker which shall include but is not limited to the following:
(1) Identification of the type of unit as being either a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home
(2) Each decal or license plate number;
(3) Each serial number
(4) The manufacturer's trade name, if any;
(5) A signed statement certifying that the decal and/or sticker issued for the unit is lost, stolen, destroyed, mutilated, illegible, or not received.
(c) The application shall include the titling document issued by DMV, if the unit is registered under a license plate or decal issued by DMV, and the application is for a substitute decal.
(d) The application shall include the last issued Registered Owner Registration Card if the unit is registered under a license plate or decal issued by DMV, and the application is for a substitute decal.
(e) The application shall include payment of the Substitute Decal or Sticker Fee required by subsections 5660(h) or 5660(i).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18092, Health and Safety Code.
s 5553. Requirements for Obtaining a Substitute Month Sticker.
(a) In order to obtain a substitute month sticker, the registered owner shall do one of the following:
(1) Contact the department by telephone or in person and request the substitute month sticker, and provide the decal number, serial number, and trade name, or
(2) Submit a written request to the department for a substitute month sticker which shall include the decal number, serial number, and trade name.
Note: Authority Cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18075, Health and Safety Code.
s 5560. Manufacturer Certificate of Origin Requirements.
(a) Upon being first licensed by the department, and thereafter at the request of the manufacturer, the department shall provide the manufacturer with one or more MCO Books, which remain state property.
(b) An MCO Book contains sequentially numbered forms in quadruplicate, to be completed and distributed as follows:
(1) the Original (pink), to the inventory creditor, or, if there is none, to the entity which purchased the unit from the manufacturer;
(2) Copy 1 (white), to the department, at the time of release of the unit to any entity;
(3) Copy 2 (yellow), must accompany the unit when it is transported;
(4) Copy 3 (goldenrod), is the book copy and is to be retained by the manufacturer in the MCO Book.
(c) Form HCD 483.0, Manufacturer Certificate of Origin, version dated 7/97, a two-sided form, as provided by the department:
(d) The manufacturer shall complete a single MCO listing all sections of a manufactured home, mobilehome, or multi-unit manufactured housing.
(e) The manufacturer shall complete a separate MCO for each section of a commercial coach.
(f) Instructions for entering information on side one of the MCO are as follows:
(1) MANUFACTURED HOME/MOBILEHOME: Check the appropriate box to indicate if the unit is a:
(A) SFD (Single Family Dwelling), units constructed for use as a single family dwelling, or
(B) MUMH (Multi-unit Manufactured Housing), units constructed for use as defined in section 18008.7. of the Health and Safety Code.
(2) COMMERCIAL COACH: Enter the Occupancy Group Code pursuant to the California Building Standards Code, Chapter 3, commencing with Section 301, which specifies the designed structural use of the unit.
(3) NUMBER OF TRANSPORTABLE SECTIONS; Enter the number transportable sections for a manufactured home, mobilehome, or multi-unit manufactured housing. Because only one transportable section of a commercial coach can be reported on an MCO, the number of transportable sections is always one.
(4) MANUFACTURER NAME: Enter the name of the manufacturer of the unit.
(5) MANUFACTURER LICENSE NUMBER: Enter the manufacturer's license number assigned by the department.
(6) MANUFACTURER ADDRESS: Enter the address of the manufacturer.
(7) SUGGESTED RETAIL PRICE: The manufacturer's suggested retail price may be entered; this field is optional.
(8) MANUFACTURER TRADE NAME: Enter the full trade name of the unit, an abbreviation is not acceptable.
(9) MODEL NAME AND/OR NUMBER: Enter the model name and/or number assigned by the manufacturer.
(10) DATE OF MANUFACTURE: Enter the date manufacture of the unit was completed.
(11) NAME OF DEALER OR TRANSFEREE (OWNERSHIP TRANSFERRED TO): Enter the one of the following:
(A) if the unit is sold to a dealer or out-of-state dealer, enter the dealer's name; or
(B) if a manufactured home, mobilehome, or multi-unit manufactured housing is sold to a licensed California general contractor, as permitted by Section 18062.9 of the Health and Safety Code, enter the contractor's name; or
(C) If a manufactured home, mobilehome, or multi-unit manufactured housing is sold to a city, county, city and county, or any other public agency as permitted by Section 18015.7 of the Health and Safety, enter the name of the city, county, city and county, or other public agency.
(12) DEALER NUMBER; Enter the following:
(A) If the unit is sold to a dealer, enter the dealer's license number; or
(B) If the unit is sold to an out-of-state dealer, enter the alphabetical symbol for the state in which the dealer is located; or
(C) If a manufactured home, mobilehome, or multi-unit manufactured housing is sold to a licensed California general contractor, enter the word "contractor" or abbreviation "CONTR"; or
(D) If a manufactured home, mobilehome, or multi-unit manufactured housing is sold to a city, county, city and county, or any other public agency, enter the abbreviation "GOVT".
(13) DATE OF TRANSFER: Enter the date the unit was transferred to the dealer, contractor, or city, county, city and county, or public agency.
(14) DEALER ADDRESS: Enter the address of the dealer, contractor, or city, county, city and county, or public agency.
(15) INVENTORY CREDITOR NAME: Enter the name of the inventory credit or, if none, this line shall be left blank.
(16) INVENTORY CREDITOR ADDRESS: Enter the address of the inventory creditor, if any.
(17) SECTION: Enter the sequential number for each transportable section listed on the Manufacturer Certificate of Origin, beginning with the number 1.
(18) MANUFACTURER SERIAL NUMBER: Enter the complete serial number assigned and affixed to each transportable section.
(19) HCD INSIGNIA OR HUD LABEL NUMBER: Enter the complete HCD Insignia or HUD label number assigned and affixed to each transportable section.
(A) If a unit is sold to the federal government for use on federal land and does not have a HUD label or HCD insignia, the manufacturer shall designate each section with the term "federal" followed by a consecutive number, beginning with one, until each section is designated. Designations will read "federal 1" for the first section, "federal 2" for the second section, and so forth. The manufacturer shall note the designation for each section in the corresponding HUD label number box or HCD insignia box on the MCO.
(20) LENGTH (Inches): Enter the length, in inches, of each transportable section.
(21) WIDTH (Inches): Enter the width, in inches, of each transportable section.
(22) WEIGHT (Pounds): Enter the weight, in pounds, of each transportable section.
(23) TRANSPORTER NAME: Enter the name of the transporter.
(24) TRANSPORTER ADDRESS: Enter the address of the transporter.
(25) DESTINATION FOR UNIT DESCRIBED ABOVE: Enter the name of the party and the address to which the unit(s) is being delivered.
(26) CERTIFICATION: An authorized agent of the manufacturer must complete and sign certifying to the facts entered on the Manufacturer Certificate of Origin.
(g) Instructions for entering information on side two of the MCO, used to secure and release security interests in the unit, are as follows:
(1) Release of Security Interest: This designated area is completed by the inventory creditor to release its security interest by completing the following:
(A) the name of the inventory creditor;
(B) the signature of the authorized agent thereof; and
(C) the date of release of the inventory creditor's interest.
(2) First Assignment: This designated area is completed by a dealer who sells or otherwise transfers interest in the unit to another dealer.
(3) Second Assignment: This designated area is completed by a subsequent dealer who sells or otherwise transfers interest in the unit to another dealer.
(h) A manufacturer shall not be required to use an MCO for a manufactured home, mobilehome, or commercial coach manufactured prior to July 1, 1984, if a certificate of origin exists that was designed by the manufacturer and issued at the time the unit was completed and released.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18093, Health and Safety Code.
s 5561. How to Correct an Error and/or Prepare a Duplicate Replacement Manufacturer Certificate of Origin.
(a) In order to correct an error discovered on a completed, but undistributed, form HCD 483.0, the manufacturer shall make and initial the correction on each copy of the MCO.
(b) The manufacturer shall complete a replacement form HCD 483.0 when:
(1) a correction to a form HCD 483.0 cannot be made on each copy of the form;
(2) an original MCO has been lost;
(2) an original MCO is voided by the manufacturer due to errors; or
(3) an original MCO has been distributed and subsequently found to contain errors.
(c) In the right-hand corner of a blank form HCD 483.0, the manufacturer shall line through the preprinted number, check the box indicating duplicate MCO, and enter the number of the lost, voided, or incorrect MCO on the blank line. The form shall then be completed in its entirety.
(d) Copy 1 (white) of the newly-completed MCO shall be completed and submitted to the department with a written statement explaining why the replacement or duplicate MCO was required.
(e) All other copies of the newly-completed MCO shall be distributed to the original persons or entities who received the incorrect MCO.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18093, Health and Safety Code.
s 5570. Dealer Escrow Responsibilities.
(a) A dealer shall open an escrow account for all sales transactions involving a manufactured home, mobilehome, or multi-unit manufactured housing, as specified in Section 18035 or 18035.2 of the Health and Safety Code. A dealer may authorize the escrow agent to act on its behalf to register and title the unit; however, the dealer remains responsible for the acts or omissions of its agent.
(b) In the event that the escrow agent submits an incomplete and/or untimely application for registration, the dealer shall be solely responsible for payment of administrative service fees, as specified in Section 18123.5 of the Health and Safety Code, and any penalties which accrue due to the late reporting, as specified in Sections 18114 and 18116 of the Health and Safety Code, and subsection 5660(c) of this chapter.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035, 18035.2, 18059, 18080.5, 18114, 18116 and 18123.5, Health and Safety Code.
s 5571. Notification of Escrow Opening and Establishment of a 120-Day Moratorium on the Title Record.
(a) The escrow agent shall submit a notification of escrow opening to the department within three working days of receipt of:
(1) a notification from a dealer that the seller of a used manufactured home, mobilehome, or multi-unit manufactured housing has accepted an offer to purchase or lease with an option to purchase, and
(2) mutually-endorsed escrow instructions.
(b) The notification of escrow opening shall be signed under penalty of perjury by the escrow agent, and shall contain the following information:
(1) the unit(s) identifying information;
(2) the escrow identifying information; and
(3) the date escrow opened.
(c) Payment of the Escrow Opening Fee required by subsection 5660(j) shall be submitted with the notification of escrow opening.
(d) Once the notification of escrow opening and payment of the Escrow Opening Fee has been received, the department shall place a 120-day moratorium on the permanent title record of the identified unit, during which time no changes to the permanent titling record can occur, until the escrow has either been closed or canceled.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(d)(2) and 18100.5(b), Health and Safety Code.
s 5572. Extension of the 120-Day Escrow Moratorium.
(a) To extend a 120-day moratorium recorded on the permanent title record of a used manufactured home, mobilehome, or multi-unit manufactured housing, the escrow agent shall submit the following items to the department:
(1) A written request to extend the 120-day escrow moratorium, which states that the escrow agent has the mutual consent in writing of all parties to the escrow to such an extension.
(2) A photocopy of the letter sent by the department to the escrow agent, acknowledging receipt of the notification of escrow opening.
(3) If the original 120-day moratorium has expired, payment of the Escrow Opening Fee required by subsection 5660(j).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(g) and 18100.5(b), Health and Safety Code.
s 5573. Notification of Escrow Closing.
(a) When the sale or lease with an option to purchase of a used manufactured home, mobilehome, or multi-unit manufactured housing is completed and escrow has closed, the application for registration shall include a notification completed by the escrow agent that the escrow has closed.
(b) The notification of escrow closing shall be signed under penalty of perjury by the escrow agent, and shall contain the following information:
(1) the unit(s) identifying information;
(2) the escrow identifying information; and
(3) the date escrow closed.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(d)(2) and 18100.5(b)(1), Health and Safety Code.
s 5574. Notification of Escrow Cancellation.
(a) When the escrow has been canceled on the sale or lease with an option to purchase of a used manufactured home, mobilehome, or multi-unit manufactured housing, the escrow agent shall submit a notification of escrow cancellation to the department, signed under penalty of perjury by the escrow agent, which contains the following information:
(1) the unit(s) identifying information;
(2) the escrow identifying information; and
(3) the date escrow was canceled.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(d)(2) and 18100.5(b)(1), Health and Safety Code.
s 5575. Report of Sale or Lease Requirements.
(a) Upon being first licensed by the department, and thereafter at the request of a dealer, the department shall provide to the dealer one or more Report of Sale Books, appropriate to the types of units which the dealer is licensed to sell. The Report of Sale Books remain state property.
(b) A Report of Sale Book contains sequentially numbered forms, particular to one of three types of units:
(1) form HCD 480.1 (10/02), Dealer Report of Sale or Lease for a New Manufactured Home or Multi-unit Manufactured Housing, as provided by the department.
(2) form HCD 480.2 (10/02), Dealer Report of Sale or Lease for a New Commercial Coach, as provided by the department.
(3) form HCD 480.3 (10/02), Dealer Report of Sale or Lease for a Used Manufactured Home, Mobilehome, Multi-unit Manufactured Housing, or Commercial Coach, as provided by the department.
(c) Within 10 calendar days of the date of sale, rental, lease, lease with option to buy, or other transfer of a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, the dealer shall complete and submit to the department the applicable Report of Sale or Lease form, providing all information required by the form on the designated line(s) or in the designated areas, including:
(1) payment of the Dealer Report of Sale Filing Fee specified in subsection 5040(j), Title 25, Division 1, Chapter 4;
(2) the signature of the dealer or its agent; and
(3) the signature of the registered owner(s), except as provided in subsection (A), below.
(A) For a unit purchased by a federal entity, the dealer shall submit a copy of the purchase contract signed by the federal entity, in lieu of the signature of the agent of the federal entity.
(4) legal owner identifying information, if any.
(5) junior lienholder identifying information, if any.
(d) Report of Sale or Lease forms HCD 480.1 and 480.3 for a new manufactured home or multi-unit manufactured housing and Report of Sale or Lease forms for a used manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, have four-pressure sensitive copies, which the dealer shall distribute as follows:
(1) the original signature copy to the department, along with the required documents to record the transfer and the appropriate fees, within 10 calendar days from the date of sale, lease, or other transfer;
(2) copy two to the transferee (registered owner);
(3) except as indicated in subsection (5) below, copy three to the assessor's office in the county where the unit is located, within 10 calendar days from the date of sale, lease or other transfer; and
(4) copy four (the "Book Copy") to be retained by the dealer in the Report of Sale Book.
(5) In a transaction involving a used commercial coach, there is no need to provide a copy of the Report of Sale or Lease form to the county assessor's office. The dealer may destroy the assessor's copy of form HCD 480.3.
(e) Report of Sale or Lease form HCD 480.2 for a new commercial coach has three-pressure sensitive copies, and is distributed the same as in subsections (e)(1), (2), and (4), above.
(f) The dealer shall release interest on the titling document on the line indicated as the "release of interest" for the dealer, or shall submit a bill of sale releasing interest to the registered owner(s).
(g) Payment of Administrative Service Fees as specified in Section 18123.5 of the Health and Safety Code, when applicable.
(h) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(i) The Report of Sale or Lease forms HCD 480.1, HCD 480.2, and HCD 480.3 shall contain the dealer license number, original sale or lease price, installation foundation type, length, width, weight and the certification that all statements are true and correct.
(1) Forms HCD 480.2 and HCD 480.3 shall contain the Occupancy Group.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18012.3, 18054(b) and (d), 18070.1(c), 18080.5 and 18123.5, Health and Safety Code.
s 5576. How to Report a Voided or Lost Report of Sale or Lease Form.
(a) If the dealer discovers an error on a Report of Sale or Lease form prior to the distribution of the forms, the dealer shall mark "void" on all copies of the form.
(b) All copies of the voided form shall be submitted to the department's Occupational Licensing Section, P.O. Box 31, Sacramento, CA 95812-0031, except for the dealer's copy or "Book Copy", which shall be retained in the dealer's Report of Sale Book.
(c) If the dealer loses the department's copy of a completed Report of Sale or Lease form prior to its submission to the department, the dealer shall:
(1) prepare another Report of Sale or Lease form, indicating at the top of the form, "In lieu of the report of sale #--------"; and
(2) submit to the department:
(A) the original signature copy of the second Report of Sale or Lease form and
(B) the transferee copy of the original Report of Sale or Lease form or a statement under penalty of perjury explaining why the transferee copy is unavailable.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18080.5, Health and Safety Code.
s 5577. How to Correct Reporting the Wrong Unit as Having Been Sold.
(a) If a dealer submitted a Report of Sale or Lease which incorrectly identified a unit or units, the dealer shall promptly complete and submit to the department:
(1) The application for registration of the correct unit(s);
(2) A statement under penalty of perjury which contains the following information:
(A) the number of the Report of Sale or Lease form on which the incorrect information was submitted to the department;
(B) the date the Report of Sale or Lease form was transmitted to the department;
(C) the incorrect and the correct unit(s) identifying information;
(D) the registered owner(s) name; and
(E) the legal owner name.
(3) Payment of fees:
(A) Any fees submitted with the original application which were paid pursuant to Sections 18114, 18115, or 18116 of the Health and Safety Code that are not due shall be subject to refund.
(B) The dealer shall pay the Administrative Service Fee, if any, required by Section 18123.5 of the Health and Safety Code. For the purpose of this subsection, the delinquency of the corrected application shall be determined by calculating the number of days from the date of submission of the original completed application to the date of submission of the corrected completed application.
(C) The Dealer Report of Sale Filing Fee, as specified by subsection 5040(j), Title 25, Division 1, Chapter 4, shall not be required to be submitted with the application for the correct unit(s).
(b) If titling documents have already been issued by the department for the incorrect unit(s), in addition to the above requirements, the dealer must also submit:
(1) the Certificate of Title for the incorrectly reported unit(s);
(2) the Registration Card(s) for the incorrectly reported unit(s);
(3) the decal and year sticker(s) for the incorrectly reported unit(s); and
(4) the fees due as provided in sections 5520, 5521, and 5530, paid by the dealer and not the transferee.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.5, 18114, 18115, 18116 and 18123.5, Health and Safety Code.
s 5578.1. How to Report the Sale or Other Transfer of a Unit Destined for Out-of-State Delivery.
(a) For units sold which are being delivered out-of-state, the dealer shall complete and submit to the department:
(1) The appropriate Report of Sale or Lease form, noting: "FOR REGISTRATION OUT-OF-STATE" in capital letters on the form.
(2) A photocopy of the original MCO, if the unit is a new manufactured home, multi-unit manufactured housing, or commercial coach.
(3) Payment of the following fees:
(A) Administrative Service Fees, if applicable, as specified in Section 18123.5 of the Health and Safety Code.
(B) payment of the Dealer Report of Sale Filing Fee, as required by subsection 5040(j), Title 25, Division 1, Chapter 4.
(C) payment of the fees on used manufactured homes, mobilehomes, or commercial coaches
1. the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
2. all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18080.5(a) and (b), 18114, 18114.1, 18115, 18116 and 18123.5, Health and Safety Code.
s 5578.2. How to Report the Sale or Other Transfer of a Used Unit Located Out-of-State.
(a) When a dealer sells or otherwise transfers interest in a unit that is located outside the State of California at the time of the sale or transfer, and requests California registration of that unit, the dealer shall comply with the requirements of Section 5530 and provide a statement signed under penalty of perjury which includes:
(1) the unit(s) identifying information; and
(2) a statement that the new registered owner is a California resident and provides his/her California mailing address; or
(3) a statement that the California title will be used to re-register the unit in another state.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.5 and 18086, Health and Safety Code.
s 5579. How to Report Sales or Transfers Between Dealers
(a) When a dealer sells or transfers a new unit to another dealer, the dealer shown on the form HCD 483.0 ( "MCO") in the designated area for "Name of Dealer or Transferee", shall complete the "First Assignment" area on side two of the MCO, and provide that document to the buying dealer.
(1) The dealer shown in the "First Assignment" area on the back of the MCO shall complete the "Second Assignment" area on side two of the MCO, if there is a subsequent transfer between dealers.
(2) In lieu of a selling dealer completing the appropriate "First Assignment" or "Second Assignment" area on side two of the MCO, the dealer shall complete and sign a Bill of Sale and provide that document to the buying dealer.
(b) When a dealer sells or transfers a used unit to another dealer, the selling dealer may submit a notice of transfer, as specified in Section 5532.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18012.3 and 18100.5(a), Health and Safety Code.
s 5580. How to Report a New Legal Owner on a Used Unit.
(a) Within 20 days of acquiring a security interest in a unit, the legal owner shall submit an application for registration to the department to report the interest of the legal owner, which shall include:
(1) The titling document, signed and completed as follows:
(A) the new legal owner's name and address entered on the designated line(s) or in the designated area for "Legal Owner", and
(B) the signature(s) of all registered owner(s) on the designated line(s) or in the designated area for the release of the legal owner; or
(C) a statement signed under penalty of perjury by all registered owner(s) that provides:
1. the unit(s) identifying information;
2. the registered owner identifying information;
3. the legal owner identifying information; and
4. an acknowledgment that the registered owner(s) are encumbering his/her/their title to record a lien in favor of the new legal owner.
(2) The last-issued registered owner(s) registration card of the unit.
(3) Payment of the Lien Registration Service Fee specified in subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18085 and 18100.5, Health and Safety Code.
s 5581. How to Report the Release of the Legal Owner's Interest. (continued)