An Act To Amend the Laws Regarding the Conveyance of Manufactured Housing March 23,2007
Maine Legislature, Session 123, LD 1695
Committee: Business, Research and Economic Development
Sponsors: HASTINGS, HAMPER, MARTIN, NUTTING, HAYES, HOLMAN, MILLETT, ROBINSON
Amends: 29-A MRSA §702, 32 MRSA §13002, 33 MRSA §151, 33 MRSA §459

Legislative Document 
No. 1695 
S.P.602 
An Act To Amend the Laws Regarding the Conveyance of 
Manufactured Housing 
March 23,2007 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative HAMPER of Oxford and Senators: MARTIN of Aroostook, 
NUTTING of Androscoggin, Representatives: HAYES of Buckfield, HOLMAN of Fayette, 
MILLETT of Waterford, ROBINSON of Raymond. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §702, sub-§6 is enacted to read: 
6. Alternative perfection of security interests. As an alternative to the methods 
prescribed in section 2, for mortgages of and foreclosures and executions upon 
manufactured housing, security interests in manufactured housing may be created in the 
manner prescribed in Title 11, Article 9-A, Part I, subpart I. A security interest, properlv 
perfected in the manner prescribed in Title 11, section 9-1301 is entitled to priority over 
any other interests in the manufactured housing arising after the perfection. A person 
holding a security interest in manufactured housing has all the rights, remedies and 
obligations provided in Title 11. 
Sec. 2. 32 MRSA §13002, sub-§3, as amended by PL 1999, c. 129, §2 and 
affected by § 16, is further amended to read: 
3. Exception. Any person licensed as an auctioneer under chapter 5, hired to caIl 
bids at an auction, if the person employed does not prepare contracts or otherwise control 
the actual sale or take custody of any part of the purchase price; ami 
Sec. 3. 32 MRSA §13002, sub-§4, as enacted by PL 1999, c. 129, §3 and 
affected by § 16, is amended to read: 
4. Time share. Real estate transaction services subject to the provisions of Title 33, 
chapter 1 O-A~; and 
Sec. 4. 32 MRSA §13002, sub-§5 is enacted to read: 
5. Transactions by manufactured housing dealers. Transactions in manufactured 
housing subject to the provisions of Title 10, chapter 951. 
Sec. 5. 33 MRSA §151, first ~, as amended by PL 1983, c. 433, IS further 
amended to read: 
A person owning real estate and having a right of entry into it, whether seized of it or 
not, may convey it or all hls interest in it, by a deed to be acknowledged and recorded as 
provided in this chapter. Down trees lying on land at the time of conveyance are real 
estate and pass by the deed; but such down trees as are cut into wood, logs or other 
lumber and hemlock bark peeled are personal property, and the owner may remove them 
in a reasonable time thereafter. Manufactured housing sold as new after January 1, 2008, 
as defined in Title 10, section 9002, subsection 7, paragraph A, upon installation, as 
defined in Title 10, section 9002, subsection 6, paragraph A, or upon conveyance to a 
consumer by deed as provided in section 459 if prior to the installation is real estate for 
purposes of this section, including transfer, whether voluntary or involuntary, and is 
conveyed, mortgaged or leased and is subject to attachment, other liens, foreclosure and 
execution in the same manner and with the same formality as real estate. 
Sec. 6. 33 MRSA §459 is enacted to read: 
Page I - 123LR1703(Ol)-1 
§459. Conveyance of manufactured housing 
1. Conveying manufactured housing. A deed conveying manufactured housing as 
defined in Title 10, section 9002, subsection 7, paragraph A or evidencing its relocation 
inside this State must be substantially in the form provided in paragraphs A and D as 
applicable. If a deed for the manufactured housing is recorded in the registry of deeds of 
one county of this State and if the manufactured housing is relocated to another site in 
that county or to a site in another county of this State, a deed evidencing the change of 
location and conveyance, if any, must be recorded in the registry of deeds of the county 
from which it was relocated and a duplicate original must also be recorded in the registry 
of deeds of the county to which it was relocated. If the manufactured housing is relocated 
to a site outside of this State, a statement evidencing the change of location and 
conveyance, if any, substantially in the form provided in paragraph E must be recorded in 
the registry of deeds of the county in this State from which it was relocated. An 
attachment, lien or other encumbrance on manufactured housing, when properly created 
and recorded as required by law, continues to be enforceable until released or discharged 
notwithstanding the relocation of the manufactured housing inside or outside of this State. 
A. 
A deed conveying manufactured housing in substance following the form 
provided in this paragraph when duly executed has the force and effect of a deed in 
fee simple to the grantee, the grantee's heirs and assigns, the grantee and their use and 
behoof forever, with covenants on the part of the grantor, for the grantor, with the 
grantee, the grantee's heirs and assigns, that, at the time of the delivery of the deed, 
the grantor was lawfully seized in fee of the manufactured housing, that the 
manufactured housing was free of all encumbrances except as stated, that the grantor 
had good right to sell and convey the same to the grantee to hold as aforesaid and that 
the grantor and the grantor's heirs shall and will warrant and defend the same to the 
grantee, the grantee's heirs and assigns forever, against the lawful claims and 
demands of all persons. No owner of land may unreasonably withhold the consent 
required by this statutory form. 
Form for Manufactured Housing Warranty Deed 
A.B. of ................. , ............. County, ............... , (being unmarried), for consideration 
paid, grant to CD. of ................... , .................. County, .................... , with Warranty 
Covenants, ................... the manufactured housing situated, or to be situated, at ............. . 
(state name of land lease community, if any, and street address), Town (City) of 
..................... , ................... County, State of Maine. 
(description of manufactured housing being conveyed: name of manufacturer, model 
year and serial number and encumbrances, exceptions, reservations, if any) 
which manufactured housing is to be situated at ....... (state name of land lease 
community, if any, and street address), Town (City) of ....... , .......... County, State of 
Maine. 
The tract or parcel of land upon which the manufactured housing is situated is owned 
by E.F. by deed dated .......... and recorded at Book ........ , Page ...... in the .............. .. 
County Registry of Deeds. The tract or parcel of land upon which the manufactured 
housing is to be situated, if any, is owned by G.H. by deed dated ...... and recorded at 
Book ....... , Page ....... in the ............... County Registry of Deeds. I.J., spouse of the 
grantor, releases all rights in the manufactured housing being conveyed. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
E.F., owner of the tract or parcel of land upon which the manufactured housing is 
situated, consents to the conveyance and relocation, if any, of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
G.H., owner of the tract or parcel of land upon which the manufactured housing is to 
be situated, consents to the conveyance and relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
[ ] Check box if the manufactured housing has been relocated from one site to another 
II 
inside Maine. The manufactured housing was previously located at .............. (state name 
of land lease community, if any, and street address), Town (City) of .............. , ............... . 
County, State of Maine and the deed of the same to the grantor, if any, was recorded at 
Book ...... , Page ...... , in the ............. County Registry of Deeds. If the relocation is to a 
county of the State of Maine other than the county in which the deed to the grantor was 
recorded, duplicate originals of the deed must be recorded in the registry of deeds of each 
county. 
B. 
A deed conveying manufactured housing in substance following the form 
provided in this paragraph when duly executed has the force and effect of a deed in 
fee simple to the grantee, the grantee's heirs and assigns forever, with covenant on the 
part of the grantor, for the grantor, with the grantee, the grantee's heirs and assigns 
forever, that at the time of the delivery of the deed the grantor covenants with the 
grantee, the grantee's heirs and assigns, that the grantor warrants and forever defends 
the manufactured housing to the grantee, the grantee's heirs and assigns forever, 
against the lawful claims and demands of all persons claiming by, through or under 
the grantor. An owner of land may not unreasonably withhold the consent required by 
this statutory form. 
Form for Manufactured Housing Quitclaim Deed With Covenant 
A.B. of ....... , ........ County, ............... , (being unmarried) for consideration paid, grant 
to C.D. of .................. ., .................. County, .................... , with quitclaim covenant 
................... the manufactured housing situated, or to be situated, at ........... (state name of 
land lease community, if any, and street address), Town (City) of ..................... , 
................... County, State of Maine. 
(description of manufactured housing being conveyed: name of manufacturer, model 
year and serial number and encumbrances, exceptions, reservations, if any) 
which manufactured housing is to be situated at ....... (state name of land lease 
community, if any, and street address), Town (City) of ........ , ......... County, State of 
Maine. 
The tract or parcel of land upon which the manufactured housing is situated is owned 
by E.F. by deed dated .......... and recorded at Book ........ , Page ...... in the .............. .. 
County Registry of Deeds. The tract or parcel of land upon which the manufactured 
housing is to be situated, if any, is owned by G.H. by deed dated ...... and recorded at 
Book ....... , Page ....... in the ............... County Registry of Deeds. U., spouse of the 
grantor, releases all rights in the manufactured housing being conveyed. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
E.F., owner of the tract or parcel of land upon which the manufactured housing is 
situated, consents to the conveyance and relocation, if any, of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
G.H., owner of the tract or parcel of land upon which the manufactured housing is to 
be situated, consents to the conveyance and relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
[ ] Check box if the manufactured housing has been relocated from one site to another 
inside Maine. The manufactured housing was previously located at .............. (state name 
of land lease community, if any, and street address), Town (City) of .............. , ............... . 
County, State of Maine and the deed of the same to the grantor, if any, was recorded at 
Book ...... , Page ...... , in the ............. County Registry of Deeds. If the relocation is to a 
county of the State of Maine other than the county in which the deed to the grantor was 
recorded, duplicate originals of the deed must be recorded in the registry of deeds of each 
county. 
C. 
A deed conveying manufactured housing in substance following the form 
provided in this paragraph when duly executed has the force and effect of a deed in 
fee simple to the grantee, the grantee's heirs and assigns forever. An owner of land 
may not unreasonably withhold the consent required by this statutory form. 
Form for Manufactured Housing Quitclaim Deed Without Covenant or Release Deed 
A.B. of ....... , ........ County, .... ; .......... , (being unmarried) for consideration paid, 
release to C.D. of ................... , .................. County, .................... , the manufactured 
housing situated, or to be situated, at .......... (state name of land lease community, if any, 
and street address), Town (City) of ..................... , ................... County, State of Maine. 
(description of manufactured housing being conveyed: name of manufacturer, model 
year and serial number and encumbrances, exceptions, reservations, if any) 
I 
which manufactured housing is to be situated at .. ..... (state name of land lease 
community, if any, and street address), Town (City) of ........ , ......... County, State of 
Maine. 
The tract or parcel of land upon which the manufactured housing is situated is owned 
by E.F. by deed dated .......... and recorded at Book ........ , Page ...... in the ............... . 
County Registry of Deeds. The tract or parcel of land upon which the manufactured 
housing is to be situated, if any, is owned by G.H. by deed dated ...... and recorded at 
Book ....... , Page ....... in the ............... County Registry of Deeds. U., spouse of the 
grantor, releases all rights in the manufactured housing being conveyed. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
I 
E.F., owner of the tract or parcel of land upon which the manufactured housing is 
situated, consents to the conveyance and relocation, if any, of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
G.H., owner of the tract or parcel of land upon which the manufactured housing is to 
be situated, consents to the conveyance and relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
[ 1 Check box if the manufactured housing has been relocated from one site to another 
inside Maine. The manufactured housing was previously located at .............. (state name 
of land lease community, if any, and street address), Town (City) of .............. , .............. .. 
County, State of Maine and the deed of the same to the grantor, if any, was recorded at 
II 
Book ...... , Page ...... , in the ............. County Registry of Deeds. If the relocation is to a 
county of the State of Maine other than the county in which the deed to the grantor was 
recorded, duplicate originals of the deed must be recorded in the registry of deeds of each 
county. 
D. A deed evidencing the relocation within this State of manufactured housing, but 
not the conveyance of the manufactured housing, must in substance follow the form 
provided in this paragraph. An owner of land may not unreasonably withhold the 
consent required by this statutory form. 
Form for Manufactured Housing Relocation Deed 
A.B. of ....... , ........ County, ............... , the owner of manufactured housing situated at 
........ (state name of land lease community, if any, and street address), Town (City) of 
..................... , ................... County, State of Maine. 
(description of manufactured housing being relocated: name of manufacturer, model 
year and serial number and encumbrances, exceptions, reservations, if any) 
declares that the manufactured housing is to be relocated to ....... (state name of land lease 
community, if any, and street address), Town (City) of ......... , ........ County, State of 
Maine. 
The tract or parcel of land upon which the manufactured housing is situated is owned 
by CD. by deed dated .......... and recorded at Book ........ , Page ...... in the .............. .. 
County Registry of Deeds. The tract or parcel of land upon which the manufactured 
I 
housing is to be situated, if any, is owned by E.F. by deed dated ...... and recorded at 
Book ....... , Page ....... in the ............... County Registry of Deeds. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
CD., owner of the tract or parcel of land upon which the manufactured housing is 
situated, consents to the relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
E.F., owner of the tract or parcel of land upon which the manufactured housing is to 
be situated, consents to the relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
[ 1 Check box if the manufactured housing has been relocated from one site to another 
inside Maine. The manufactured housing was previously located at .............. (state name 
of land lease community, if any, and street address), Town (City) of .............. , .............. .. 
County, State of Maine and the deed of the same to the grantor, if any, was recorded at 
Book ...... , Page ...... , in the ............. County Registry of Deeds. If the relocation is to a 
county of the State of Maine other than the county in which the deed to the grantor was 
recorded, duplicate originals of the deed must be recorded in the registry of deeds of each 
county. 
E. An out-of-state relocation statement in substance following the form provided in 
I 1 
this paragraph when duly executed and recorded in the registry of deeds of the county 
in which the manufactured housing was previously located has the force and effect of 
terminating the record ownership of the manufactured housing in the registry of 
deeds and, if a conveyance of the manufactured housing, transferring ownership of 
the manufactured housing to the grantee, the grantee's heirs and assigns. An owner of 
land may not unreasonably withhold the consent required by this statutory form. 
Manufactured housing may not be relocated to a site outside of this State unless all 
holders of liens, attachments or encumbrances, if any, consent to the relocation In 
writing on the transfer statement. 
Form for Out-of-State Relocation Statement 
A.B. of ....... , ........ County, ............... , the owner of manufactured housing situated at 
......... (state name of land lease community, if any, and street address), Town (City) of 
..................... , ................... County, State of Maine. 
(description of manufactured housing being relocated: name of manufacturer, model 
year and serial number and encumbrances, exceptions, reservations, if any) 
declares that the manufactured housing is to be relocated from ....... (state name of land 
lease community, if any, and street address), Town (City) of ........ , ......... County, State of 
Maine to a site outside of the State of Maine, and A.B. (being unmarried) for 
consideration paid, grant to CD. of ........... , ............. County, ............. , the manufactured 
housing. 
The tract or parcel of land upon which the manufactured housing is situated is owned 
by E.F. by deed dated .......... and recorded at Book ........ , Page ...... in the ............... . 
County Registry of Deeds. 
G.H., spouse of the grantor, releases all rights in the 
manufactured housing being conveyed. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment} 
E.F., owner of the tract or parcel of land upon which the manufactured housing is 
situated, consents to the relocation of the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
G.H., holder of (lien, attachment or encumbrance) consents to the convevance of the 
manufactured housing, subject to the condition that the (lien, attachment or encumbrance) 
remains in force and effect on the manufactured housing. 
Witness ........ hand and seal this ....... day of ....... (here add acknowledgment) 
2. Deed required. A deed substantially in the form prescribed by subsection 1, 
paragraphs A, Band C, duly executed and delivered, is required to transfer title to any 
manufactured housing in a transaction occurring prior to installation of the manufactured 
housing as defined in Title 10, section 9002, subsection 6, paragraph A and the 
connection of the manufactured housing to the required utilities. 
3. 
Signing of deed. 
Any manufactured housing land lease community owner 
required to sign a deed under this section shall sign the deed no later than 15 days after 
the new tenant is approved and the land lease community owner is requested to do so. 
The tenant shall deliver the deed to the manufactured housing land lease community 
owner's place of business for signature. The fee for any signature on a deed may not 
exceed $25 and must be paid by the tenant. 
Sec. 7. Effective date. This Act takes effect January I, 2008. 
SUMMARY 
This bill affects new HUD-code manufactured housing, providing for the conveyance 
of the manufactured housing by deed to the consumer, and the recording of the deeds in 
the applicable county registry of deeds. The bill also provides for deeds of relocation 
where there is no change of ownership and statements of relocation of the manufactured 
housing out of state. Forms for deeds and statements are included. The bill makes it clear 
that title passes to the new owner upon the installation of the manufactured housing and 
connection of the manufactured housing to the required utilities. 
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