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(a) Within 20 days of satisfaction of the legal owner's security interest, the legal owner shall submit an application for registration to the department to report the release of interest of the legal owner, which shall include:
(1) The titling document signed by the legal owner on the designated line(s) or in the designated area for the release of the legal owner. Or,
(2) A statement signed by the legal owner under penalty of perjury, which contains the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the legal owner identifying information; and
(D) a statement that:
1. the legal owner no longer holds a lien in the name of the registered owner;
2. that the lien against the described unit has been fully satisfied; and
3. that the lien has not been assigned to any other party. Or,
(3) If an escrow was used for the transaction, a statement of conditional lien release may be used, which includes:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the legal owner identifying information;
(D) escrow identifying information;
(E) a statement signed under penalty of perjury by the legal owner which specifies the conditions for satisfying the lien; and
(F) a statement signed under penalty of perjury by the escrow agent that:
1. all conditions required to satisfy the lien have been met;
2. the legal owner no longer holds a lien in the name of the registered owner; and
3. the lien has not been assigned to any other party.
(4) Payment of the Lien Registration Service fee specified in subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(d) and 18100.5(a), Health and Safety Code.
s 5582. How to Report the Assignment of the Legal Owner's Interest.
(a) Within 20 days of the assignment of interest by a legal owner, the assignee shall submit an application for registration to the department to report the assignment, which shall include:
(1) The titling document, completed as follows:
(A) the name and address of the new legal owner (assignee) on the designated lines or in the designated area for new legal owner; and
(B) signed by the legal owner (assignor) on the designated lines or in the designated area for assignment of legal owner; or
(C) a statement, signed under penalty of perjury by the assignor, which includes the following information:
1. the unit(s) identifying information;
2. the registered owner identifying information;
3. legal owner identifying information of the assignor;
4. legal owner identifying information of the assignee;
5. the date of assignment; and
6. that the lien in the name of the assignor has been assigned to the assignee.
(2) If the titling document was issued by DMV or another state, a statement of lien assignment, as specified in subsection (a)(1)(C) above, shall be included.
(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: Sections 18100.5 and 18105.5, Health and Safety Code.
s 5583. How to Report the Retention of the Legal Owner's Interest.
(a) An application for registration to change the registered owner(s) of a unit, but which retains the legal owner's security interest in the unit, shall include:
(1) The titling document signed by the legal owner on the designated line(s) or in the designated area for the retention of legal owner; or
(2) a statement, signed under penalty of perjury by the legal owner, which includes:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the new registered owner identifying information;
(D) the legal owner identifying information; and
(E) an acknowledgment that the legal owner is retaining the security interest.
(3) The last-issued registered owner's registration card.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18100.5, Health and Safety Code.
s 5584. How to Report a New Junior Lienholder.
(a) Within 20 days of acquiring a security interest in a unit, the junior lienholder shall submit an application for registration to the department to report the interest of the junior lienholder, which shall include:
(1) The last-issued registered owner's Registration Card.
(2) A statement signed under penalty of perjury by all registered owner(s) which includes:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information; and
(D) an acknowledgment that the junior lienholder's interest is to be secured against his/her/their unit.
(3) Payment of the Lien Registration Service Fee specified in subsection 5660(m).
(b) In lieu of the last-issued registered owner(s) Registration Card required by (a)(1) above, an application for Duplicate Registration Card, as specified in Section 5551, signed by the registered owner(s), shall be submitted, which includes:
(1) a statement signed under penalty of perjury by the junior lienholder that provides:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder's identifying information; and
(D) an acknowledgment that the junior lienholder is aware that:
1. the original registration card is not being submitted, and
2. the original registration card could be used to secure an additional lienholder, which could affect his or her junior lienholder's ranking.
(c) The department will assign a rank-order to a junior lienholder, based upon the date a complete application, including all appropriate documents and fees, was received by the department.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18005.3, 18080.7, 18085 and 18100.5(a), Health and Safety Code.
s 5585. How to Report the Release of a Junior Lienholder's Interest.
(a) Within 20 days of satisfaction of a junior lien, the junior lienholder shall submit an application for registration to the department to report the release of that junior lienholder's security interest, which shall include:
(1) The Junior Lienholder Registration Card issued by the department, signed by the junior lienholder on the designated line(s) or in the designated area to release the junior lienholder's interest; or
(2) a statement signed under penalty of perjury by the junior lienholder, which contains the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information;
(D) why the Junior Lienholder Registration Card could not be submitted;
(E) the date of release of the junior lienholder's interest;
(F) that the junior lienholder no longer holds a lien in the name of the registered owner;
(G) that the lien against the described unit has been fully satisfied; and
(H) that the lien has not been assigned to any other party.
(3) Payment of the Lien Registration Service fee as specified in subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035(d) and 18100.5(a), Health and Safety Code.
s 5586. Reporting the Assignment of Security Interest of the Junior Lienholder.
(a) Within 20 days of the assignment of interest by a junior lienholder, the assignee shall submit an application for registration to the department to report the assignment, which shall include:
(1) The Junior Lienholder Registration Card, completed as follows:
(A) the name and address of the new junior lienholder (assignee) on the designated line(s) or in the designated area for the new junior lienholder; and
(B) signed by the junior lienholder (assignor) on the designated line(s) or in the designated area for assignment of junior lienholder. Or,
(2) A statement, signed under penalty of perjury by the assignor, which includes the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information of the assignor;
(D) the junior lienholder identifying information of the assignee;
(E) the date of assignment;
(F) why the Junior Lienholder Registration Card could not be submitted; and
(G) that the junior lien in the name of the assignor has been assigned to the assignee.
(3) Payment of the Lien Registration Service Fee as specified in subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5 and 18105.5, Health and Safety Code.
s 5587. Reporting the Retention of Interest of a Junior Lienholder.
(a) An application for registration to change the registered owner(s) of a unit, but which retains the junior lienholder's security interest in the unit, shall include:
(1) The Junior Lienholder's Registration Card, signed by the junior lienholder on the designated line(s) or in the designated area for retention of that junior lienholder; or,
(2) A statement signed under penalty of perjury by the junior lienholder, which includes:
(A) the unit(s) identifying information;
(B) the registered owner(s) name(s) and mailing address(es);
(C) the new registered owner(s) name(s) and mailing address(es);
(D) the junior lienholder's name and mailing address;
(E) why the Junior Lienholder Registration Card could not be submitted; and
(F) an acknowledgment that the junior lienholder is retaining the security interest.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18100.5, Health and Safety Code.
s 5590. How to Report a New Unit Repossessed from a Dealer's Inventory.
(a) Within 20 calendar days after repossession of a new unit from a dealers inventory, the repossessing creditor shall submit an application for registration to the department which shall include:
(1) A statement signed under penalty of perjury by the repossessing creditor which shall include:
(A) the unit identifying information;
(B) the name and address of the repossessing creditor;
(C) the date of the security agreement;
(D) the name and address of the defaulting party;
(E) the name and address of the public or private sale buyer;
(F) the date of sale to the public or private sale buyer; and
(G) that the described unit has been repossessed and the collateral disposed of in accordance with the provisions of the security agreement or conditional sale contract, applicable law, and Division 9 (commencing with section 9101) of the Commercial Code.
(2) Form HCD 483.0, Manufacturer's Certificate of Origin, version dated 7/97, signed on side two in the space designated for the "Release of Security Interest" by the same inventory creditor or lienholder shown on side one as the "Inventory Creditor."
(3) The security agreement, as defined in subdivision (l) of Section 9105 of the Commercial Code, if the repossessing creditor is not shown on the form HCD 483.0 (MCO) as the inventory creditor of the unit.
(4) A registration information document, as specified in Section 5541, completed and signed by:
(A) the repossessing creditor; or
(B) the public or private sale buyer identified in the repossessing creditor's statement required by (a)(1)(E), above.
(5) Payment of:
(A) the Foreclosure/Repossession Fee specified in subsection 5660(d);
(B) the Foreclosure/Repossession Penalty, if required, specified in subsection 5660(e);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for any lienholder added to the title record;
(D) use tax, if any party other than the repossessing creditor is reported as the new registered owner, as required by section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(F) 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 18037.5, 18070.1(c), 18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5591. How to Report a Used Unit Acquired Through Foreclosure or Repossession.
(a) Within 20 calendar days after foreclosure or repossession of a used unit by a legal owner or junior lienholder, the foreclosing or repossessing party shall submit an application for registration to the department which shall include:
(1) A statement signed under penalty of perjury by the foreclosing or repossessing creditor which shall include:
(A) the unit identifying information;
(B) the name and address of the foreclosing or repossessing creditor;
(C) the date of the security agreement;
(D) the name and address of the defaulting party;
(E) the name and address of the public or private sale buyer;
(F) the date of sale to the public or private sale buyer; and one of the following:
(G) if the unit is a commercial coach, that the unit was repossessed and the collateral disposed of in accordance with the provisions of the security agreement or conditional sale contract, applicable law, and Division 9 (commencing with section 9101) of the Commercial Code; or
(H) if the unit is not a commercial coach:
1. that the fair market value of the unit was $1,000 or more at the time the security interest was created; and
2. that the Notices of Default, Belief of Abandonment, Sale, and/or Distribution of Proceeds, were executed in the manner prescribed by Section 18037.5 of the Health and Safety Code; or
(I) if the unit is a manufactured home, mobilehome, multi-unit manufactured housing and the loan for the unit is part of a real property loan:
1. that the loan for the named defaulting party and the described unit includes the real property on which the unit is installed; and
2. the Notices of Default, Sale, and Distribution of Proceeds were executed in conformance with Section 18039.1 of the Health and Safety Code; or
(J) if the unit was located out of state and the foreclosure or repossession took place out of state:
1. the state in which the foreclosure or repossession took place; and
2. that the applicable laws pertaining to foreclosure or repossession in that jurisdiction were followed.
(2) The titling document, endorsed as specified in Sections 5580, 5581, and 5533, with the releasing signature of the legal owner.
(3) A copy of the security agreement, as defined in subdivision (l) of Section 9105 of the Commercial Code, if the foreclosing or repossessing lienholder is not recorded on the permanent title of the unit.
(4) If the foreclosing or repossessing creditor is a junior lienholder, that party's Junior Lienholder's Registration Card and that of any superior junior lienholder, endorsed as specified in Sections 5584 and 5585, with the releasing signature of the junior lienholder(s).
(5) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection 5660(c);
(C) the Foreclosure/Repossession Fee specified in subsection 5660(d);
(D) the Foreclosure/Repossession Penalty, if required, specified in subsection 5660(e);
(E) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;
(F) use tax, if a party other than the foreclosing or repossessing creditor is reported as the new registered owner, as specified in section 5667; and
(G) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(F) 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: Section 18037.5, 18039.1, 18070.1(c), 18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5592. How to Report a Unit Acquired at a Public Sale Authorized by a Governmental Entity.
(a) Within 20 calendar days after acquiring a unit at a public sale authorized by the Office of the State Controller or by an agency of the federal government, the acquiring party shall submit an application for registration which shall include:
(1) The Certificate of Sale or other document evidencing the sale, issued by the State Controller's Office, the United States Government, or an agency thereof.
(A) If the name stated on the Certificate of Sale or other document evidencing the sale as the person from whom the unit was seized or forfeited is different than the name of the registered owner recorded on the permanent title record, a chain of ownership is required.
(2) The titling document, with the releasing signature of the legal owner, if any, recorded on the permanent title record; or
(3) The last-issued registered owner's registration card, if available.
(4) The Junior Lienholder Registration Card(s), if any, with the releasing signature(s) of any junior lienholder(s) recorded on the permanent title record.
(5) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection 5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(F) 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 18100.5(d), 18070.1(c), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5593. How to Report a Unit Acquired Through a Court Judgment.
(a) Within 20 calendar days after acquiring a unit as a result of a court judgment, the acquiring party shall submit an application for registration to the department which shall include:
(1) A certified copy of the filed judgment or court order which directs the disposition of the unit.
(A) If the court judgment does not contain a complete description of the unit, the application shall include a statement signed under penalty of perjury by the applicant which includes:
1. the unit identifying information.
2. that the unit awarded in the court order is the unit described in the application submitted to the department.
(2) The titling document, with a release signed by each party or entity recorded on the permanent title who is not a party to the judgment.
(3) The last-issued registered owner's registration card, if available.
(4) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.
(5) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection 5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed; and
(D) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(E) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(b) At least 61 calendar days after the judgment was filed, the applicant shall submit:
(1) a certification by the clerk of the court, dated at least 61 calendar days after the date judgment was filed, which states that no appeal from the judgment has been filed, and that the time for filing an appeal has now elapsed; or
(2) a statement signed under penalty of perjury by the applicant, executed at least 61 days after the date the judgment was filed, which includes:
(A) the unit identifying information; and
(B) that no appeal from the judgment has been filed or motion for new trial has been granted.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5(d), 18070.1(c), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5594. How to Report a Unit Acquired at an Attachment Sale.
(a) Within 20 calendar days after acquiring a unit at an attachment sale, the acquiring party shall submit an application for registration which shall include:
(1) The titling document, with the releasing signature of the legal owner, if any.
(2) The Junior Lienholder Registration Card(s), if any, with the releasing signature of the junior lienholder(s).
(3) The Certificate of Sale issued by the levying Officer which shall include:
(A) the unit identifying information; and
(B) the names and addresses of the purchaser, the plaintiff/judgment creditor, and the defendant/judgment debtor.
1. If the name of the defendant/judgment debtor is not the same as the name of the registered owner recorded on the permanent title record, a chain of ownership shall be submitted.
(4) The last-issued registered owner's registration card, if available.
(5) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection 5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s),
(F) 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 18100.5(d), 18070.1(c), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5595. How to File a Judgment Lien on a Manufactured Home, Mobilehome, or Multi-unit Manufactured Housing.
(a) The department shall record a judgment lien against a manufactured home, mobilehome, or multi-unit manufactured housing in favor of a mobilehome park owner upon submittal of:
(1) A certified copy of:
(A) the money judgment filed in favor of the mobilehome park against all registered owner(s) of the unit for unpaid rent; or
(B) the abstract of the money judgment.
(C) The money judgment or abstract shall be accepted after the following appeal time periods have elapsed, without an appeal having been filed:
1. 180 days from the date the judgment was rendered and filed with the court; or
2. 61 days since the Notice of Entry of Judgment was mailed to the judgment debtor, as evidenced by a filed Proof of Service.
(2) A chain of ownership, if the judgment debtor is not the registered owner of record.
(3) A statement signed under penalty of perjury by the mobilehome park owner which includes:
(A) the unit identifying information;
(B) that the mobilehome park has not received any notice that an appeal has been filed against the money judgment.
(4) A registration information document, as specified in subsection 5541(b), which includes:
(A) if there is no legal owner recorded on the permanent title record, the name and address of the mobilehome park entered in the area designated for the "Legal owner;" or
(B) if there is a legal owner recorded on the permanent title record, the name and address of the mobilehome park entered in the area designated for the "Junior lienholder."
(5) Payment of:
(A) the Lien Registration Service Fee specified in subsection 5660(m);
(B) applicable fees and penalties specified in 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 18080.9, 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5596. How to Report a Unit Acquired at a Public Sale of an Abandoned Manufactured Home, Mobilehome, or Multi-Unit Manufactured Housing Located in a Mobilehome Park.
(a) Within 20 calendar days after acquiring an abandoned manufactured home, mobilehome, or multi-unit manufactured housing located in a mobilehome park at a public sale, the acquiring party shall submit an application for registration to the department which shall include:
(1) A statement signed under penalty of perjury by the mobilehome park owner, which shall include:
(A) the unit identifying information;
(B) the names and addresses of the judgment creditor (the mobilehome park) and the judgment debtor(s) (the registered owner(s));
(C) the situs address of the unit;
(D) the name and address of the public sale buyer(s);
(E) the date of the pubic sale;
(F) that the mobilehome park/judgment creditor has complied with all the terms and conditions outlined in the Civil Code and Code of Civil Procedures for the sale of the unit; and
(2) A certified copy of the judgment of abandonment issued against the unit by a court of competent jurisdiction.
(3) If the new registered owner is different than the public sale buyer, a Bill of Sale from the public sale buyer to the new registered owner.
(4) A registration information document, as specified in subsection 5541(b), completed and signed by the public sale buyer.
(5) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Fee Penalty, if required, specified in subsection 5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667;
1. If the mobilehome park is the public sale buyer, use tax is based on the value guide in effect at the time of the public sale, or the park may submit a BT111 form from the Board of Equalization.
(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(F) all fees and penalties due and payable pursuant to Section 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 798.61, Civil Code; and Sections 18070.1(c), 18075.5, 18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5597. How to Report a Unit Acquired at a Warehouseman's Lien Sale.
(a) Within 20 calendar days after acquiring a manufactured home, mobilehome, or multi-unit manufactured housing at a sale held by a mobilehome park to enforce a warehouseman's lien, the acquiring party shall submit an application for registration to the department which shall include:
(1) a statement signed under penalty of perjury by the mobilehome park owner which shall include:
(A) the unit identifying information;
(B) the name and address of the mobilehome park;
(C) the name and address of each registered owner;
(D) the situs address of the unit;
(E) the legal owner and junior lienholder(s) name(s) and address(es), if any;
(F) the date the termination notice was mailed to the registered owner(s).
(G) the name and address of the public or private sale buyer.
(H) the date of the public or private sale.
(I) that the mobilehome park notified the legal owner and all junior lienholders (if any) of the action, in accordance with Section 798.56a of the Civil Code and Section 7210 of the Commercial Code; and
(J) that all the terms and conditions outlined in the Civil Code and Commercial Code for the sale of the unit have been met.
(2) The titling document.
(3) The last-issued registered owner's registration card, if available.
(4) If the new registered owner is a different person than the buyer at the public or private sale, a Bill of Sale from the buyer to the current owner.
(5) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Fee Penalty, if required, specified in subsection 5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667;
1. If the mobilehome park is the public sale buyer, use tax is based on the value guide in effect at the time of the public sale, or the park may submit a BT111 form from the Board of Equalization. And,
(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(F) 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: Section 798.56a(e), Civil Code; and Sections 18070.1(c), 18075.5, 18100.5(d), 18102.5, 18114, 18114.1, 18115, 18116 and 18123, Health and Safety Code.
s 5600. Requirements to Request a Hearing to Contest the Existence or Amount of the State Lien.
(a) The registered owner or any person receiving notice from the department, of the department's intention to seize and sell a commercial coach in order to satisfy a lien in favor of the State for nonpayment of registration fees and/or license fees and corresponding penalties, may request a hearing to contest the existence or the amount of the lien.
(b) The registered owner or person receiving the notice may only request a hearing on or before the date stated in the department's notice as the last day a request for a hearing can be received.
(c) The request for a hearing shall be in written form and shall contain the following information:
(1) the name and mailing address of the registered owner or person requesting the hearing,
(2) the county in which the person or registered owner resides, and
(3) a brief statement giving the grounds for the request.
(d) The request shall be submitted to the department in person or by mail to PO Box 1407, Sacramento, CA 95812-1407.
(e) The date of receipt shall be the date the written request is received by the department, by mail or in person.
(f) Upon receipt of a timely request, the department shall schedule a hearing and shall provide written notice of the time and place of the hearing to the person, or registered owner and legal owners, and any other person who claims to have an interest in the commercial coach. This notice shall be mailed no later than ten days prior to the date set by the department for the hearing.
(g) Should the person or registered owner fail to appear at the time and place scheduled for the hearing, the department shall dismiss the request and continue with the seizure and sale process.
(h) All interested parties shall be notified by registered mail of the Director's decision regarding the findings of the hearing, and the department shall insure compliance with the findings.
(i) If a lien no longer exists as a result of the decision, the department will discontinue the seizure and sale process.
(j) The person requesting the hearing or the registered owner shall have ten days from the date of the notification from the department of the Director's decision pursuant to subsection (h) to submit the fees and/or penalties that are stated in the notice to be due and payable if:
(1) The amount of the lien is reduced as a result of the decision, or
(2) the lien is upheld as a result of the hearing.
(k) In the event the payment is not made in the time specified in subsection (j), the department shall continue with the seizure and sale process.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18116.2, Health and Safety Code.
s 5601. Registration of a Commercial Coach Acquired as a Result of Seizure and Sale.
(a) In addition to the applicable requirements of Articles 2 and 5 of this chapter, an application to register a commercial coach purchased as a result of seizure and sale by the department for payment of a State lien, shall comply with the requirements of this section:
(b) The application shall include the titling document, if available.
(c) The applicant shall submit an registration information document as specified in subsection 5541(b).
(d) The application shall include the last issued registered owner's registration card, if available.
(e) The application shall include a bill of sale completed by the department and provided to the buyer.
(f) The application shall include all fees due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code, for the current registration year, if due. All fees due pursuant to 18116(d) of the Health and Safety code, shall be payable per transportable section.
(g) The application shall include payment for the Lien Registration Service Fee required by subsection 5660(m).
(h) The application shall include payment for the Transfer Fee as required by subsection 5660(b).
(i) The application shall include payment for the Transfer Penalty Fee required by subsection 5660(c), when applicable.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5610. How to Report the Installation of a New Unit onto a Foundation System.
(a) Within 20 calendar days after the date of sale of a new manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach which has been installed on a foundation system in compliance with the requirements of Section 18551 of the Health and Safety Code, the licensed California general building contractor, city, county, or public agency which purchased the unit directly from a manufacturer, shall submit an application to the department which includes:
(1) The original copy of form HCD 483.0, Manufacturer Certificate of Origin ( "MCO"), version dated 7/97, completed as follows:
(A) signed by the inventory creditor or lienholder, if any, to release its security interest; and
(B) the name(s) and address(es) of the buyer(s) and lienholder(s), if any, in the first assignment section.
(C) If the original MCO is not available, a statement under penalty of perjury by the applicant that the MCO was surrendered to the local city or county building department at the time of the installation onto the foundation system.
(2) A copy of the recorded acknowledgment prepared by the enforcement agency in which the installation occurred, which indicates the completion of installation onto a foundation system in compliance with Health and Safety Code section 18551.
(A) If the document specified in (a)(2) is unavailable, a statement, signed under penalty of perjury by the applicant, which includes:
1. the unit identifying information; and
2. that the unit has been installed on a foundation system in compliance with he requirements of Section 18551 of the Health and Safety Code.
(3) Payment of:
(A) Use Tax, as required by section 5667.
(B) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(b) Within 10 calendar days after the date of sale of a unit which was installed on a permanent foundation through a dealer, the dealer shall submit an application to the department which includes:
(1) the dealer shall meet the requirements of Section 5575.
(2) the original MCO as specified in subsection (a)(1); or
(A) a statement, signed under penalty of perjury by the dealer, that provides:
1. the unit identifying information; and
2. that the MCO is in an open escrow; for the sale of that unit.
(B) If the procedure in (2)(A) was utilized, within 10 days after that escrow has closed, the dealer shall submit:
1. the MCO; and
2. a statement signed under penalty of perjury by the escrow agent certifying the date escrow closed.
(3) A copy of the recorded acknowledgment prepared by the enforcement agency in which the installation occurred, which indicates the completion of installation onto a foundation system in compliance with Health and Safety Code section 18551.
(A) If the document specified in (a)(2) is unavailable, a statement, signed under penalty of perjury by the dealer, which includes:
1. the unit identifying information; and
2. that the unit has been installed on a foundation system in compliance with he requirements of Section 18551 of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18062.9, 18070.1(c), 18076(b), 18080.5, 18085, 18123 and 18551(d), Health and Safety Code.
s 5611. How to Report the Sale and Installation of a Used Unit On To a Foundation System for Sales By or Through a Dealer.
(a) To cancel the title and registration of a used manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach now placed on a foundation system pursuant to Health and Safety Code section 18551, within 10 calendar days after the date of sale or Lease, the dealer shall submit an application to the department which shall include:
(1) the dealer shall meet the requirements as specified in section 5575.
(2) the titling document, endorsed as specified in Sections 5533, 5581, 5580, and 5583 as appropriate;
(3) the last-issued registered owner's registration card;
(4) the Junior Lienholder's Registration Card(s), if any, endorsed as specified in Sections 5585 and 5584, as appropriate.
(5) the license plate(s) or decal(s) for the unit(s); or
(A) a statement signed under penalty of perjury by the applicant stating that the license plate(s) or decal(s) have been destroyed.
(6) a copy of a recorded acknowledgment prepared by the enforcement agency where the installation occurred, indicating the completion of the installation on the foundation system in compliance with the requirements of Section 18551 of the Health and Safety Code; or
(A) a statement, signed under penalty of perjury by the applicant, that the unit has been installed on a foundation system in compliance with the requirements of Section 18551 of the Health and Safety Code; and
(7) If the unit was installed on a foundation after the date the annual renewal fees became due, the application shall include applicable fees and penalties specified in 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 18080.5, 18114, 18114.1, 18115, 18116 and 18551, Health and Safety Code.
s 5612. Reporting the Sale and/or Installation of a Used Unit on a Foundation System Not Sold Through or by a Dealer.
(a) To cancel the title and registration of a used manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach now placed on a foundation system pursuant to Health and Safety Code section 18551, within 20 calendar days after the date the installation is complete, the registered owner shall submit an application to the department which shall include:
(1) the titling document, endorsed as specified in Sections 5533, 5581, 5580, and 5583 as appropriate.
(2) the last-issued registered owner's registration card; and
(3) the Junior Lienholder's Registration Card(s), if any, endorsed as specified in Sections 5585 and 5584 as appropriate.
(A) In lieu of items (1), (2), and (3), above, a statement, signed under penalty of perjury by the applicant, that at the time of the installation on the foundation system, the specified titling documents were surrendered to the local city or county building department.
(4) the license plate(s) or decal(s) for the unit(s); or
(A) a statement signed under penalty of perjury by the applicant stating that the license plate(s) or decal(s) have been destroyed.
(5) a copy of a recorded acknowledgment prepared by the enforcement agency where the installation occurred, indicating the completion of the installation on the foundation system in compliance with the requirements of Section 18551 of the Health and Safety Code; or
(A) a statement, signed under penalty of perjury by the applicant, that the unit has been installed on a foundation system in compliance with the requirements of Section 18551 of the Health and Safety Code; and
(6) Payment of:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) if the unit was installed on a foundation after the date the annual renewal fees became due, the application shall include applicable fees and penalties specified in 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 18075.5, 18114, 18114.1, 18115, 18116 and 18551, Health and Safety Code.
s 5613. Reporting the Conversion of a Manufactured Home, Mobilehome, or Multi-unit Manufactured Housing to a Fixture and Improvement to the Underlying Real Property in a Mobilehome Park Converted or Converting to a Resident-Owned Subdivision, Cooperative, Condominium, or Nonprofit Corporation.
(a) To cancel the title and registration of a used manufactured home, mobilehome, or multi-unit manufactured housing located in a mobilehome park which is being voluntarily converted to a resident-owned subdivision, cooperative, condominium, or nonprofit corporation pursuant to Health and Safety Code section 18555, upon the close of escrow, the escrow agent shall submit an application to the department which shall include:
(1) the titling document.
(2) the last-issued registered owner's registration card.
(3) the Junior Lienholder's Registration Card(s).
(4) the written consent of the legal owner and each junior lienholder to the conversion of the unit as a fixture and improvement to the underlying real property;
(5) the license plate(s) or decal(s) for the unit(s); or
(A) a statement signed under penalty of perjury by the registered owner that the license plate(s) or decal(s) have been destroyed.
(6) a copy of a recorded acknowledgment prepared by the enforcement agency where the installation occurred, indicating the completion of the conversion of the unit to a fixture and improvement to the underlying real property, in compliance with the requirements of Section 18555 of the Health and Safety Code.
(7) If the unit is subject to local property taxation, a tax clearance certificate or conditional tax clearance certificate.
(8) If the unit was converted to a fixture and improvement to the underlying real property after the date the annual renewal fees became due, the application shall include payment of applicable fees and penalties specified in 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 18075.5, 18114, 18114.1, 18115, 18116 and 18555, Health and Safety Code.
s 5614. How to Register a Unit Removed from a Foundation System or from the Real Property to Which it is a Fixture and Improvement.
(a) Within 20 calendar days after a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach has been removed from the foundation system pursuant to Health and Safety Code Section 18551, or the underlying real property to which it had been a fixture and improvement, pursuant to Health and Safety Code Section 18555, the registered owner shall submit an application for registration to the department which shall include:
(1) A registration information document required by subsection 5541(b), including the name(s) and address(es) of the proposed registered owner(s) and any person or entity with a security interest in the property.
(2) If the department's permanent title record reflect any party other than the current applicant as owner, one of the following items as evidence of ownership shall be submitted:
(A) A copy of the grant deed which shows the current owner as owner of the real property, with improvements, from which the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach is being removed, or
(B) A copy of the original sales contract which shows the present owner as the purchaser, or
(C) A bill of sale from the owner as documented in subsections (a)(1) or (2) through each subsequent purchaser to the present owner, if a sale has occurred, or
(D) A Bill of sale from the last owner recorded on the department's permanent title record through each subsequent owner to the present owner, or
(E) A title report issued by an escrow/title company, which shows the registered owner as the owner of the real property, with improvements, from which the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach is being removed, or
(F) In lieu of evidence acceptable to the department, the application shall include a properly executed surety bond which meets the requirements of subsection 5547.
(3) a written statement from each person or entity with a title to or security interest in the real property upon which the unit was installed, that provides consent for the removal of the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach.
(4) a copy of the notification provided to the county assessor thirty days prior to the removal of the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, as required by Health and Safety Code Section 18551(g) or 18555(h).
(5) Payment of:
(A) a manufactured home, mobilehome, multi-unit manufactured housing, removed from a foundation system or from the real property to which it has become a fixture and improvement, shall be subject to local property taxation and shall include the fees as required by Sections 18114 and 18114.1 of the Health and Safety Code.
(B) a commercial coach removed from a foundation system shall be subject to annual license fees and shall include all fees due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(C) payment for a Lien Registration Service fee for each lienholder to be recorded, as required by Subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.5(b), 18114, 18114.1, 18115, 18116, 18551(e) and (g) and 18555, Health and Safety Code.
s 5620. Voluntary Transfer to Local Property Taxation.
(a) In addition to the applicable requirements of Articles 4 or 7 of this chapter, an application for registration of a manufactured home or mobilehome which includes a request to transfer the manufactured home or mobilehome from in lieu taxation to local property taxation, shall comply with the requirements of this section. Each application shall include:
(b) the titling document, endorsed as specified is Sections 5533, 5580, 5581, 5583, as appropriate.
(c) the last issued registered owner's registration card.
(d) a request to voluntary transfer the manufactured home or mobilehome to local property taxation, which contains the following information:
(1) the decal or license number of the unit.
(2) the serial number of the unit.
(3) the trade name of the unit.
(4) a statement acknowledging the following:
(A) the transfer to local property taxation is final.
(B) all entitlement to petition for reinstatement to the annual vehicle license fee taxation system is waived.
(C) no refund will be issued for any annual vehicle license fees paid.
(5) a statement signed and dated by all registered, legal, and junior lienholders, except as provided in subsections (e) and (f), requesting that the department transfer the manufactured home or mobilehome for the annual vehicle license fee taxation system to local property taxation.
(6) a statement signed and dated by all new registered owner(s), legal owner(s), and junior lienholders stating the following:
(A) the provisions for voluntary transfer to local property taxation is final and reinstatement to the annual vehicle license fee taxation system will not be granted.
(B) Use tax will be due if the request for voluntary transfer to local property tax occurs on or after the date of purchase.
(e) If ownership is recorded as "or," tenants-in-common, or as tenants-in-common with the names joined by "or" and if the signature of one of the owners is not available, the registered owner shall submit a statement that includes the following information:
(A) The decal or license number.
(B) The serial number(s).
(C) The manufacturer's trade name, if any;
(D) A statement certifying that the missing signature is for a person who is deceased, or for a person who no longer has an interest in the manufactured home or mobilehome and but cannot be located to sign documents.
(f) If the lien of the legal owner and/or the junior lienholder are paid in full prior to the date the registered owner requests transfer to local property taxation, and the legal owner and/or junior lienholder has released interest in the unit, the signatures of the legal owner and/or junior lienholder of record are not required. The registered owner shall submit statement certifying that the legal owner's and/or junior lienholder's lien was satisfied prior to the date of request for voluntary conversion to local property taxation.
(g) The application shall include payment of all fees due and payable pursuant to:
(1) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(2) all fees due and payable pursuant to Section 18114(b) and (d) of the Health and Safety Code, if applicable,
(3) all fees due and payable pursuant to Section 18114.1 of the Health and Safety Code, if applicable.
(h) If the unit is not currently registered as of the date of a request to transfer to local property taxation, all annual renewal fees and penalties as specified in Sections 18114, 18114.1, 18115, and 18116 shall be paid before the department will process the request. The date of transfer to local property taxation will be evidenced by the latest date as required in subsection (d)(5)
(i) If the application includes a change in the registered owner, the application shall include payment for the Transfer Fee as required by subsection 5660(b). (continued)