CHAPTER 6. MANUFACTURED HOMES
IC 9-17-6
Chapter 6. Manufactured Homes
IC 9-17-6-1
Certificate of title; requirement
Sec. 1. A person who owns a manufactured home that is:
(1) personal property not held for resale; or
(2) not attached to real estate by a permanent foundation;
shall obtain a certificate of title for the manufactured home under thischapter.
As added by P.L.2-1991, SEC.5. Amended by P.L.106-2007, SEC.1.
IC 9-17-6-2
Application; contents
Sec. 2. A person applying for a certificate of title under thischapter must submit an application on a form furnished by the bureauthat contains the following information:
(1) A full description of the manufactured home.
(2) A statement of the person's title and of any lien orencumbrance upon the manufactured home.
(3) The following printed statement:
"I swear or affirm that the information that I have entered onthis form is correct. I understand that making a falsestatement on this form may constitute the crime of perjury.".
(4) The signature of the person applying for the certificate oftitle directly under the statement set forth in subdivision (3).
(5) The following numbers, if the numbers are available:
(A) A unique serial number assigned by the manufacturer tothe manufactured home.
(B) The certification label number required by the UnitedStates Department of Housing and Urban Development forthe manufactured home.
If neither the number described in clause (A) nor the numberdescribed in clause (B) is available, the bureau may issue aspecial identification number for the manufactured home.
(6) Any other information required under rules adopted underIC 4-22-2 by the bureau.
As added by P.L.2-1991, SEC.5. Amended by P.L.106-2007, SEC.2.
IC 9-17-6-3
Repealed
(Repealed by P.L.106-2007, SEC.7.)
IC 9-17-6-4
Certificate of title previously issued; manufacturer's certificate oforigin; documents accompanying application
Sec. 4. If a certificate of title:
(1) has been previously issued for a manufactured home inIndiana, an application for a certificate of title must beaccompanied by the certificate of title; or (2) has not previously been issued for a manufactured home inIndiana, the application must be accompanied by amanufacturer's certificate of origin as provided in IC 9-17-8.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-5
Out-of-state homes brought into Indiana; documentsaccompanying application
Sec. 5. If the application for a certificate of title is for amanufactured home brought into Indiana from another state, theapplication must be accompanied by:
(1) the certificate of title issued for the manufactured home bythe other state if the other state has a certificate of title law; or
(2) a sworn bill of sale or dealer's invoice fully describing themanufactured home and the most recent registration receipt ifthe other state does not have a certificate of title law.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-6
Security interests; application of U.C.C. provisions
Sec. 6. Except as otherwise provided, IC 26-1-9.1 applies to asecurity interest in a manufactured home.
As added by P.L.2-1991, SEC.5. Amended by P.L.57-2000, SEC.4.
IC 9-17-6-7
Perfection of security interests
Sec. 7. A security agreement covering a security interest in amanufactured home that is not inventory held for sale may only beperfected by indicating the security interest on the certificate of titleor duplicate certificate of title for the manufactured home issued bythe bureau.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-8
Secured parties; application for certificate of title; notation ofsecurity interest
Sec. 8. (a) A secured party that:
(1) submits a properly completed application for amanufactured home certificate of title to the bureau; and
(2) pays the fee required by IC 9-29 for a certificate of title;
may have a notation of a security interest in the manufactured homemade on the face of the certificate of title issued by the bureau.
(b) The bureau shall do the following:
(1) Enter the notation and the date of the notation on thecertificate of title.
(2) Make a corresponding entry in the bureau's records.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-9
Discharge of security interests; note of discharge on certificate Sec. 9. When a security interest indicated on a certificate of titleto a manufactured home is discharged, the person who holds thesecurity interest shall note the discharge of the security interest overthe person's signature on the certificate of title.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-10
Evidence of title; retention by bureau
Sec. 10. The bureau shall retain the evidence of title presented byan applicant upon which the Indiana certificate of title is issued.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-11
Review of application by bureau; reasonable diligence
Sec. 11. The bureau shall use reasonable diligence in determiningif the facts stated in an application for a certificate of title are true.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-12
Issuance of certificate of title
Sec. 12. If the bureau is satisfied that the person applying for thecertificate of title is the owner of the manufactured home or isotherwise entitled to have the manufactured home titled in theperson's name, the bureau shall issue an appropriate certificate oftitle over the signature of the bureau and sealed with the seal of thebureau.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-13
Delivery of certificate of title to owner
Sec. 13. (a) If a lien or an encumbrance does not appear on thecertificate of title, the bureau shall deliver a certificate of title to theperson who owns the manufactured home.
(b) If a lien or an encumbrance appears on the certificate of title,the bureau shall deliver the certificate of title to the person named toreceive the certificate of title in the application for the certificate oftitle.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-14
Validity of certificate; term
Sec. 14. A certificate of title is valid for the life of themanufactured home as long as the manufactured home is owned orheld by the original holder of the certificate of title.
As added by P.L.2-1991, SEC.5.
IC 9-17-6-15
Renewal of certificate
Sec. 15. A certificate of title described under this chapter does nothave to be renewed except as otherwise provided.As added by P.L.2-1991, SEC.5.
IC 9-17-6-15.1
Affidavit of transfer to real estate; application; rules
Sec. 15.1. (a) A person who:
(1) holds a certificate of title for;
(2) holds a certificate of origin for; or
(3) otherwise owns as an improvement;
a manufactured home that is attached to real estate by a permanentfoundation may apply for an affidavit of transfer to real estate withthe bureau. However, a person described in this subsection is notrequired to apply for an affidavit of transfer to real estate to converta manufactured home that is attached to real estate by a permanentfoundation to an improvement upon the real estate upon which it islocated.
(b) An application for an affidavit of transfer to real estate mustcontain the following:
(1) A full description of the manufactured home, including:
(A) a description; and
(B) the parcel number;
of the real estate to which the manufactured home is attached.
(2) One (1) or more of the following numbers:
(A) A unique serial number assigned by the manufacturer tothe manufactured home.
(B) The certification label number required by the UnitedStates Department of Housing and Urban Development forthe manufactured home.
(C) A special identification number issued by the bureau forthe manufactured home.
(3) An attestation by the owner of the manufactured home thatthe manufactured home has been permanently attached to thereal estate upon which it is located.
(c) The bureau shall adopt rules under IC 4-22-2 to implement thissection.
(d) A certificate of title or a certificate of origin is not required fora person who applies for an affidavit of transfer to real estate underthis section.
As added by P.L.106-2003, SEC.2. Amended by P.L.106-2007,SEC.3.
IC 9-17-6-15.3
Affidavit of transfer to real estate; recording
Sec. 15.3. Upon receipt from the person filing the affidavit oftransfer to real estate, with the accompanying retired certificate oftitle, if available, the recorder of the county in which themanufactured home is located shall record the affidavit in the mannerrequired by IC 36-2-11-8, provided that the auditor of the county hasperformed the endorsement required by IC 36-2-9-18.
As added by P.L.106-2003, SEC.3. Amended by P.L.106-2007,SEC.4.
IC 9-17-6-15.5
Application of transfer to real estate; conversion of manufacturedhome to real estate
Sec. 15.5. The filing in the appropriate county recorder's office ofthe affidavit of transfer to real estate with the retired certificate oftitle, if available, is deemed a conversion of the manufactured homethat is attached to real estate by a permanent foundation to animprovement upon the real estate upon which it is located. However,a filing under this section is not required for a person who convertsa manufactured home that is attached to real estate by a permanentfoundation to an improvement upon the real estate upon which it islocated.
As added by P.L.106-2003, SEC.4. Amended by P.L.106-2007,SEC.5.
IC 9-17-6-16
Violation of chapter; Class C infraction
Sec. 16. A person who violates this chapter commits a Class Cinfraction.
As added by P.L.2-1991, SEC.5.