Cal. Code Regs. tit. 25 § 5596

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 5596 - How to Report a Unit Acquired at a Public Sale of an Abandoned Manufactured Home, Mobilehome, or Multi-Unit Manufactured Housing Located in a Mobilehome Park

(a) Within 20 calendar days after acquiring an abandoned manufactured home, mobilehome, or multi-unit manufactured housing located in a mobilehome park at a public sale, the acquiring party shall submit an application for registration to the department which shall include:

(1) A statement signed under penalty of perjury by the mobilehome park owner, which shall include:

(A) the unit identifying information;

(B) the names and addresses of the judgment creditor (the mobilehome park) and the judgment debtor(s) (the registered owner(s));

(C) the situs address of the unit;

(D) the name and address of the public sale buyer(s);

(E) the date of the pubic sale;

(F) that the mobilehome park/judgment creditor has complied with all the terms and conditions outlined in the Civil Code and Code of Civil Procedures for the sale of the unit; and

(2) A certified copy of the judgment of abandonment issued against the unit by a court of competent jurisdiction.

(3) If the new registered owner is different than the public sale buyer, a Bill of Sale from the public sale buyer to the new registered owner.

(4) A registration information document, as specified in subsection 5541(b), completed and signed by the public sale buyer.

(5) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.

(6) Payment of:

(A) the Transfer Fee specified in subsection 5660(b);

(B) the Transfer Fee Penalty, if required, specified in subsection 5660(c);

(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed;

(D) use tax, as required by section 5667;

1. If the mobilehome park is the public sale buyer, use tax is based on the value guide in effect at the time of the public sale, or the park may submit a BT111 form from the Board of Equalization.

(E) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);

(F) all fees and penalties due and payable pursuant to Section 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.

Cal. Code Regs. Tit. 25, § 5596

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).
2. New subsection (a)(5)(E), relettering and amendment of former subsection (a)(5)(E) to new subsection (a)(5)(F), and incorporation and amendment of former subsections (a)(5)(E)1.-5. into new subsection (a)(5)(F) filed 4-1-98; operative 4-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 798.61, Civil Code; and Sections 18070.1(c), 18075.5, 18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.