An Act To Issue Certificates of Title for Single-unit Mobile Homes
Maine Legislature, Session 122, LD 2061
Committee Amendment CA_A_H1038 (House)
Amends: 10 MRSA §9001, 29-A MRSA §70

COMMITTEE AMENDMENT "ft" to H.P. 1457, L.D. 2061, Bill, "An 
Act To Issue Certificates of Title for Single-unit Mobile Homes'" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 10 MRSA §9001, sub-§I, lIC, as amended by PL 1993, c. 
642, §8, is further amended to read: 
C. 
The production and use of manufactured housing utilizing 
production technologies, techniques, methods and materials 
require the application and enforcement of uniform building 
codes and installation standards within this State; aBa 
Sec. 2. 10 MRSA §9001, sub-§I, lID, as enacted by PL 1993, c. 
642, §8, is amended to read: 
D. 
Manufactured housing may present hazards to the health, 
life and safety of persons and to the safety of property 
unless properly manufactured because vital parts such as 
heating, plumbing and electrical systems are concealed and 
defects may not be readily ascertainable when inspected by a 
purchaser. 
Accordingly, it is the policy and purpose of 
this State to provide protection to the public against those 
possible hazardsT~ 
Sec.3. 10 MRSA §9001, sub-§I, lIE is enacted to read: 
E. 
As 
a 
valued and important component of the housing 
industry in this State, manufactured housing is recognized 
as residential property, 
whether it is real property or 
personal property, notwithstanding the requirements of Title 
29-A. ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to H.P. 1457, L.D. 2061 
Further amend the bill in section 4 
striking out all of paragraph C (page 2, 
inserting in its place the following: 
'C. 
Multisectional;' 
Further amend the bill in section 4 
striking out all of paragraph D (page 3, 
inserting in its place the following: 
in 
line 
subsection 
by 
in L.D.) and 
in subsection 9 by 
line 1 in L.D.) and 
'D. 
Defined in section 101, subsection 32-B, paragraph B: 
Q.l:. ' 
Further amend the bill in section 4 in subsection 9 by 
inserting after paragraph D the following: 
'E. 
Permanently affixed to real property within 30 days of 
the date of sale.' 
Further amend the bill by inserting after section 6 the 
following: 
'Sec. 7. 29·A MRSA §669 is enacted to read: 
§669. 
Cancellation of certificate of title to manufactured 
housing 
1. 
Real 
property 
transactions. 
This 
section 
governs 
cancellation of a certificate of title to manufactured housing by 
the 
owner 
of the manufactured housing when 
the manufactured 
hQusing becomes affixed to real property owned by the owner of 
the manufactured housing. 
2. 
Cancellation. 
A certificate of title to manufactured 
housing may be cancelled by the Secretary of State if the owner 
of the real property records the following documents in the 
registry of deeds for the county in which the real property is 
located: 
A. 
The original certificate of title to the manufactured 
housing: 
B. 
A description of the manufactured housing, 
including 
model year, make, width, length and identification number, 
and 
a 
statement 
by 
any 
recorded 
lienholder 
on 
the 
certificate of title that the security interest has been 
released or that such security interest will be released 
upon cancellation of the certH icate of title as set forth 
in this section; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H. P. 1457, L. D. 2061 
C. 
The legal description of the real property: and 
D. 
A sworn statement by the owner of the real property, as 
shown on the real property deed, that the owner of the real 
property is the owner of the manufactured housing and that 
the manufactured housing is permanently affixed to the real 
property in accordance with state law. 
3. 
Recording. 
Th~ister of deeds, upon receipt of the 
documents set forth in subsection 2, shall record the documents. 
4. 
Request for cancellation. 
An 
owner of manufactured 
housing shall file a written request with the Secretary of State 
for cancellation of the certificate of title to the manufactured 
housing after completion of the requirements in subsections 2 and 
and by 
returning the 
recorded certificate of title. 
The 
Secretary of State shall cancel the certificate of title upon 
receipt of the written request from the owner of the manufactured 
housing requesting cancellation of the certificate of title, 
accompanied by the certificate of title and documents listed in 
subsection 2 that have been recorded pursuant to subsection 3. 
Upon cancellation of the certificate of title, the Secretary of 
State shall issue a document certifying that the certificate of 
title has been cancelled. 
5. 
Liens. 
For purposes of perfection, 
realization and 
foreclosure of security interests, if a certificate of title has 
been cancelled pursuant to this section, 
a separate security 
interest in the manufactured housing does not exist. 
and the 
manufactured housing may be secured only as part of the real 
property through a mortgage under Title 33. 
6. 
Applicability. 
This 
section applies to manufactured 
housing required to be titled under section 651 and to any person 
who 
voluntarily elects to 
cancel 
a 
certificate of title to 
manufactured housing pursuant to this section. 
7. 
Taxation not affected. 
Nothing in this section may be 
construed to affect the taxation of manufactured housing. 
8. 
No change to common law. 
Nothing in this section may be 
construed to modify or change existing common law. I 
Further amend the bill by inserting after section 7 
the 
following: 
I Sec. S. 29-A MRSA §70S is enacted to read: 
§708. 
Manufactured hQ~si~ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1457, L.D. 2061 
This subchapter applies to perfection of security interests 
in manufactured housing that is not permanently affixed to real 
property. ' 
Further amend the bill in section 8 in the first line (page 
3, line 46 in L.D.) by striking out the following: "January" and 
inserting in its place the following: 'October' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
SUMMARY 
This 
amendment 
recognizes 
manufactured 
housing 
as 
an 
important component of the housing industry in the State and as 
residential property whether it is considered personal property 
or real property. 
This 
amendment 
excepts 
from 
titling 
requirements 
manufactured housing that is permanently affixed to real property 
within 30 days of the date of sale. 
Such manufactured housing 
will be treated as real property. 
This 
amendment 
establishes 
a 
procedure 
to 
cancel 
a 
certificate of title once the titled manufactured housing is 
permanently affixed to real property. 
This amendment changes the effective date of the bill from 
January 1, 2007 to October 1, 2007. 
~ISCAL ~OTE REVLl.RED 
(See attached) 
-~~ 
.. --. " 
.-" .. ~ .. -
COMMITTEE AMENDMENT 
Approved: 04114/06 ,frac:.. 
Net Cost (Savings) 
General Fund 
Highway Fund 
LD 2061 
LR 3171(02) 
An Act To Issue Certificates of Title for Single-unit Mobile Homes 
Fiscal Note for Bill as Amended by Committee Ammendment ,~ " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2005-06 
2006-07 
2007-08 
$0 
$0 
$8,880 
$0 
$0 
$21,032 
Appropriations/Allocations 
Highway Fund 
$0 
$0 
$25,632 
Revenue 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
$0 
$0 
$0 
$0 
($8,880) 
$4,600 
Projections 
2008-09 
$13,315 
($5,060) 
$0 
($13,315) 
$5,060 
Changes in the filing requirements for motor homes will result in the estimated loss of $8,880 and $13,315 in General 
Fund revenue for fiscal years 2007-08 and 2008-09, respectively, collected by the Department of the Secretary of 
State. In addition, the Bureau of Motor Vehicles within the department will require a one-time Highway Fund 
allocation of $25,632 in fiscal year 2007-08 for the costs of computer programming changes and necessary training. 
Finally, the bureau will be collecting an estimated $4,600 and $5,060 in fiscal years 2007-08 and 2008-09, 
respectively, in registration fee revenue for the Highway Fund. 
LR3171(2) - Fiscal Note - Page 1 of 1