Current with changes from the 2024 Legislative Session
Section 9:1149.7 - Deimmobilization; declaration; detachment or removalA. The owner of the immovable upon which a factory-built home is immobilized may deimmobilize the factory-built home by filing a declaration of deimmobilization in the conveyance records of the parish in which the immovable is located. B.The declaration shall contain all of the following: (1)A description of the factory-built home as described in the previous certificate of title or manufacturer's certificate of origin. (2)A description of the immovable upon which the factory-built home has been located.(3)A statement that the owner no longer desires for the factory-built home to be immovable.(4)A description of the declaration of immobilization, including the recording information. (5)The concurrence of the holder of any perfected security interest, recorded mortgages, or other real security encumbering the factory-built home. C. The owner may apply to the commissioner for a certificate of title according to the provisions of Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950. The commissioner shall issue a certificate of title upon the furnishing of all of the following: (1) A certificate of mortgages; (2) A certified copy of the declaration of deimmobilization as provided in Subsections A and B of this Section.(3) A release or cancellation of all mortgages previously encumbering the factory-built home or the immovable property upon which the factory-built home was located. D. Upon the issuance of a certificate of title by the commissioner, the factory-built home shall be deemed a movable, and shall be subject to all laws concerning movable property. E.In the absence of rights of a third person in the factory-built home, the owner of an immovable upon which a factory-built home is located may deimmobilize the factory-built home by detachment or removal.Added by Acts 1982, No. 524, §1, eff. July 22, 1982. Acts 1989, No. 137, §4, eff. Sept. 1, 1989; Acts 2008, No. 463, §1, eff. July 1, 2008; Acts 2008, No. 924, §1, eff. Jan. 1, 2009; Acts 2011, 1st Ex. Sess., No. 30, §1.Repealed by Acts 2024, No. 287,s. 2, eff. 8/1/2024.Renumbered from La. R.S. § 9:1149.6 by Acts 2024, No. 287,s. 2, eff. 8/1/2024.Renumbered from La. R.S. § 9:1149.4 by Acts 2024, No. 287,s. 2, eff. 8/1/2024.Added by Acts 1982, No. 524, §1, eff. 7/22/1982. Acts 1989, No. 137, §4, eff. 9/1/1989; Acts 2008, No. 463, §1, eff. 7/1/2008; Acts 2008, No. 924, §1, eff. 1/1/2009; Acts 2011, 1st Ex. Sess., No. 30, §1.See Acts 2008, No. 463, 2 re retroactivity.