LegalFix

§ 27-14-1603. Cancellation of title

AR Code § 27-14-1603 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) If a manufactured home or a mobile home is to be affixed to real estate, the manufacturer's certificate of origin or the original document of title may be surrendered to the Department of Finance and Administration for cancellation.

(b) The department shall cancel a certificate of origin or the original document of title to a manufactured home or mobile home upon receipt of:

(1) The original manufacturer's certificate of origin or the original document of title showing an assignment of the manufactured home or mobile home to the party that will affix the manufactured home or mobile home to the real estate;

(2) An application for cancellation of the manufacturer's certificate of origin or the original document of title; and

(3)

(A) A copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.

(B) The affidavit of affixation shall include:

(i) The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home or mobile home;

(ii) A statement that the party executing the affidavit of affixation is:

(a) The owner of the real estate described in the affidavit of affixation; or

(b) Authorized by the owner of the real estate described in the affidavit to execute the affidavit of affixation on the owner's behalf;

(iii) The street address and the legal description of the real estate to which the manufactured home or mobile home is or shall be permanently affixed; and

(iv) One (1) of the following statements and applicable information:

(a) If the manufactured home or mobile home is subject to a security interest or lien:

(1) The name and address of each party holding a security interest or lien whether shown on a certificate of title issued by the department or otherwise perfected;

(2) The original principal amount secured by each security interest or lien; and

(3) A statement that each security interest or lien shall be released that attaches proof of the commitment to release the security interest or lien executed by the holder of the security interest or lien; or

(b) A statement that if a security interest or lien on the manufactured home or mobile home previously existed, the security interest or lien has been released that attaches proof of the release executed by the holder of the security interest or lien.

(c) The department shall also cancel an existing title or manufacturer's certificate of origin to any manufactured home or mobile home to be affixed to real estate if the owner affixing the home:

(1) Presents a court order directing the department to issue a title for cancellation, an application for cancellation of title or manufacturer's certificate of origin, and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or

(2) Follows the bonded title procedure of this state under § 27-14-409(c) and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.

(d) The Director of the Department of Finance and Administration may promulgate rules to administer this section.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.