Cal. Code Regs. tit. 25 § 5597

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 5597 - How to Report a Unit Acquired at a Warehouseman's Lien Sale

(a) Within 20 calendar days after acquiring a manufactured home, mobilehome, or multi-unit manufactured housing at a sale held by a mobilehome park to enforce a warehouseman's lien, 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 name and address of the mobilehome park;

(C) the name and address of each registered owner;

(D) the situs address of the unit;

(E) the legal owner and junior lienholder(s) name(s) and address(es), if any;

(F) the date the termination notice was mailed to the registered owner(s).

(G) the name and address of the public or private sale buyer.

(H) the date of the public or private sale.

(I) that the mobilehome park notified the legal owner and all junior lienholders (if any) of the action, in accordance with Section 798.56a of the Civil Code and Section 7210 of the Commercial Code; and

(J) that all the terms and conditions outlined in the Civil Code and Commercial Code for the sale of the unit have been met.

(2) The titling document.

(3) The last-issued registered owner's registration card, if available.

(4) If the new registered owner is a different person than the buyer at the public or private sale, a Bill of Sale from the buyer to the current owner.

(5) 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. And,

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

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

Cal. Code Regs. Tit. 25, § 5597

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 798.56a(e), Civil Code; and Sections 18070.1(c), 18075.5, 18100.5(d), 18102.5, 18114, 18114.1, 18115, 18116 and 18123, Health and Safety Code.