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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