A. Unless the owner of the real property on which a manufactured home is located has a possessory lien with priority over a creditor having a perfected security interest or a lien recorded on the document of title issued on the manufactured home, it shall be unlawful for the owner of the real property to refuse to allow the secured creditor to repossess and move the manufactured home. If the owner of the real property on which a manufactured home is located has a possessory lien pursuant to Section 91 or Section 91A of this title, and a creditor with a perfected security interest in that manufactured home pays to the owner of real property that portion of the possessory lien having priority over the creditor, the owner of the real property must allow the creditor to repossess and move the manufactured home. If the owner of the real property refuses to allow the creditor to repossess and move the manufactured home as required by this subsection, that owner of real property shall be liable to the creditor for each day that the owner of the real property unlawfully maintains possession of the manufactured home at a daily rate equal to one-thirtieth (1/30) of the monthly rental or storage payment last paid by the consumer to the owner of the real property, or if no payment has been made, the payment required pursuant to the contract between the secured creditor and the consumer. The prevailing party shall be entitled to reasonable attorney fees and costs.
B. Upon the bankruptcy of a consumer owning a manufactured home located on real property owned by another person and subject to rental or storage charges, the secured creditor shall, within five (5) days after receipt of notice of the bankruptcy, give notice to the owner of the real estate by certified mail, return receipt requested, if the location of the manufactured home is known. If the secured creditor fails to give required notice to the owner of the real estate, the creditor will be liable for post-bankruptcy-filing storage or rental charges not paid by the trustee in bankruptcy.
Added by Laws 1988, c. 226, § 1, eff. Nov. 1, 1988. Amended by Laws 1989, c. 366, § 1, eff. Nov. 1, 1989; Laws 2003, c. 409, § 2, eff. Nov. 1, 2003; Laws 2006, c. 77, § 3, eff. July 1, 2006; Laws 2006, c. 247, § 4.
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