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Introduced Version House Bill 3220 History

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hb3220 intr
H. B. 3220


(By Delegate Staton)



[Introduced March 24, 2005; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §17A-3-12b of the code of West Virginia, 1931, as amended, relating to the cancellation of titles to mobile or manufactured homes; certification from the county assessor that a mobile or manufactured home is affixed to the real property of the home's owner; contents of certification; and fee.

Be it enacted by the Legislature of West Virginia:
That §17A-3-12b of the code of West Virginia, 1931, as amended and reenacted, to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-12b. Canceled certificates of title for certain mobile and manufactured homes.
The commissioner may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner of the mobile or manufactured home. The person requesting the cancellation shall submit to the commissioner:
(1)
an application for cancellation; together with
(2) the certificate of title;
(3) certification from the assessor of the county wherein the mobile or manufactured home is located that the mobile or manufactured home is affixed to the real property of the owner of the mobile or manufactured home; and
(4) a brief description of the property as it will appear on the land books
.
The application shall be on a form prescribed by the commissioner and shall contain the notarized acknowledgment of the applicant or applicants. The commissioner shall return one copy of the cancellation certificate to the owner and shall send a copy of the cancellation certificate to the clerk of the county commission to be recorded and indexed in the deed book with the owner's name being indexed in the grantor index. The clerk of the county commission shall charge and collect a fee for the recordation as provided in subsection (a), section ten, article one, chapter fifty-nine of the code. The commissioner shall charge a fee of ten dollars per certificate of title canceled. Upon recordation in the county clerk's office the mobile or manufactured home shall be treated for all purposes as an appurtenance to the real estate to which it is affixed and be transferred only as real estate and the ownership interest in the mobile or manufactured home, together with all liens and encumbrances on the home, shall be transferred to and shall encumber the real property to which the mobile or manufactured home has become affixed.

Note: This bill clarifies the requirements for the cancellation of titles to mobile or manufactured homes affixed the real property of the owner of the home. The bill provides for certification from the county assessor that the mobile or manufactured home is indeed affixed to the real property. It also provides a fee for the recordation.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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