Washington Code 46.12.700 – Manufactured homes — Manufactured/mobile or park model homes
Current as of: 2023 | Check for updates
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(1) Titling options. An owner of a manufactured home shall establish ownership in the manufactured home by either:
Terms Used In Washington Code 46.12.700
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Applying for a certificate of title as required under this chapter; or
(b) Eliminating the certificate of title under chapter 65.20 RCW.
(2) Exemption. This section does not apply to a manufactured home held for resale by a dealer or manufacturer.
(3) Transferring ownership. (a) A registered owner of record must sign the certificate of title releasing the owner’s interest when transferring ownership of a manufactured home. If the manufactured home was manufactured before June 15, 1976, the registered owner must sign an affidavit on a form approved by the department. The affidavit must state that the purchaser was notified that failure of the manufactured home to meet federal housing and urban development standards or failure of the manufactured home to meet a fire and safety inspection by the department of labor and industries may result in denial by a local jurisdiction of a permit to site the manufactured home.
(b) When a manufactured/mobile or park model home is sold at a county treasurer’s foreclosure or distraint sale, the registered owner of record, legal owner on title, and the purchaser are not required to sign the certificate of title and title application to transfer title. Any lienholder interest in a manufactured/mobile or park model home is extinguished by the county treasurer’s foreclosure or distraint sale, provided that such lienholder has been provided a copy of the notice of the sale at his or her last known address, by registered letter, at least thirty days prior to the date of sale.
(4) Evidence of taxes paid. Before accepting an application for a certificate of title for a manufactured home, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to provide evidence that any taxes due on the sale of the manufactured home under chapters 82.45 and 84.52 RCW have been paid. Acceptable evidence includes a copy of:
(a) The real estate excise tax affidavit that has been stamped by the county treasurer; or
(b) A treasurer certificate that is prepared by the treasurer of the county in which a used manufactured home is located and that states that all property taxes due upon the used manufactured home being sold have been satisfied.
(5) County assessor notification. The department shall notify the county assessor of the county where the manufactured home is located when ownership of a manufactured home is transferred. The notification must include the name and address of the former owner and the new owner.
(6) Title elimination. The certificate of title for a manufactured home may be eliminated or not issued when the manufactured home is registered under chapter 65.20 RCW. If the certificate of title is eliminated or not issued, the application must be recorded in the county property records of the county where the real property to which the home is affixed is located. All vehicle license fees and taxes applicable to manufactured homes under this chapter are due and must be collected before recording the ownership with the county auditor.
(7) Rules. The department may adopt rules as necessary to implement this section.
[ 2019 c 75 § 1; 2011 c 171 § 38; 2010 c 161 § 322; 2005 c 399 § 4; 1993 c 154 § 2. Prior: 1989 c 343 § 20; 1989 c 337 § 4; 1981 c 304 § 2; 1979 c 158 § 137; 1971 ex.s. c 231 § 14. Formerly RCW 46.12.290.]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1989 c 343: See RCW 65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.