Chapter 3 - § 3.3 • CERTIFICATES OF TITLE
| Jurisdiction | Colorado |
§ 3.3.1—Applications for Certificates of Title — In General
Where a person who is entitled to a certificate of title to a manufactured home is required to make formal application to the director, he or she must make application upon a form provided by the director in which appears a description of the manufactured home, including:
• the manufacturer22 and model of the manufactured home;
• the manufacturer's number;
• the date on which the manufactured home was first sold by the dealer or manufacturer to the initial user; and
• a description of any other distinguishing mark, number, or symbol placed on the home by the manufacturer for identification purposes, as may by rule be required by the director.23
The application must also show the applicant's source of title and the new or resale price of the manufactured home, whichever is applicable, paid by the applicant. The application also must include a description of all known mortgages24 and liens upon the manufactured home, including:
• the name of the legal holder;
• the amount originally secured;
• the amount outstanding on the obligation secured at the time the application is made;
• the name of the county or city and county and state25 in which the mortgage or lien instrument is recorded or filed; and
• proof26 of the fact that no property taxes for previous years are due on the manufactured home.27
The application must be affirmed by a statement signed by the applicant and must contain or be accompanied by a written declaration that is made under the penalties of perjury in the second degree.28
If a manufactured home was affixed to the ground prior to July 1, 2008, and a certificate of permanent location was not filed and recorded, a person who is entitled to a certificate of title to a manufactured home must make formal application to the director upon a form provided by the director. As part of the application, in addition to any information required by C.R.S. § 38-29-107(1), the applicant must provide:
• an affidavit of real property;
• a statement that the identification number has been verified pursuant to C.R.S. § 38-29-122(3)(a);
• a certificate of removal; and
• a copy of all deeds recorded since the home was affixed to the ground.29
The director will accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.30
If a manufactured home was affixed to the ground after July 1, 2008,31 and a certificate of permanent location was filed and recorded, a person who is entitled to a certificate of title to the manufactured home must make formal application to the director upon a form provided by the director. As part of the application, in addition to any information required by C.R.S. § 38-29-107(1), the applicant must provide:
• a copy of the recorded certificate of permanent location;
• a certificate of removal;
• a statement that the identification number has been verified pursuant to C.R.S. § 38-29-122(3)(a); and
• a copy of all deeds recorded since the home was affixed to the ground.32
The director will accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.33
If a manufactured home occupies real property subject to a long-term lease that has an express term of at least 10 years, the manufactured home was affixed to the ground after July 1, 2008, and a certificate of permanent location was filed and recorded, a person who is entitled to a certificate of title to the manufactured home must make formal application to the director on a form provided by the director. As part of the application, in addition to any information required by C.R.S. § 38-29-107(1), the applicant must provide:
• a copy of the recorded certificate of permanent location;
• a statement that the identification number has been verified pursuant to C.R.S. § 38-29-122(3)(a); and
• a copy of the recorded long-term lease.34
The director will accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.35
§ 3.3.2—Applications for Certificates of Title — Procedures
A purchaser of a new manufactured home that is transported to a site and permanently affixed to the ground so that it is no longer capable of being drawn over the public highways is not required to procure a certificate of title.36
An application for a certificate of title upon the sale, transfer, or movement into the state of a manufactured home that does not become real property37 must be directed to the director and filed with the authorized agent of the county or city and county in which the manufactured home is to be located. Upon sale or transfer, an application for a certificate of title on a manufactured home must be made within 45 days of the receipt of a manufacturer's certificate or statement of origin or its equivalent. The authorized agent must forward copies of all applications to the county assessor. A person, other than an individual selling a manufactured home used as his or her residence, who receives a commission or other valuable consideration for the transfer or sale of a manufactured home must fulfill these application and notice requirements.38
The director must use reasonable diligence in ascertaining whether the facts stated in an application and facts contained in other documents submitted to him or her with the application are true. In appropriate cases, the director may require the applicant to furnish other and additional information regarding the ownership of the manufactured home and his or her right to have issued to him or her a certificate of title. The director may refuse to issue a certificate of title to the home if from his or her investigation the director determines that the applicant is not entitled to it.39
Except as may be otherwise provided by rule of the director, it is unlawful for a Colorado resident to procure a certificate of title to a manufactured home in any county other than the county in which the home is to be used as a residence.40
§ 3.3.3—Applications for Certificates of Title — Manufactured Homes Registered in Other States
When any Colorado resident acquires the ownership of a manufactured home located or to be located in the state of Colorado, by purchase, gift, or otherwise, for which a certificate of title has been issued under the laws of a state other than Colorado, the person so acquiring the home, upon acquiring it, must make application to the director or his or her authorized agent for a certificate of title as in other cases.41
If a dealer acquires the ownership by any lawful means of a manufactured home, the title to which is registered under the laws of and in a state other than the state of Colorado, the dealer is not required to procure a Colorado certificate of title so long as the home remains in the dealer's inventory for sale and for no other purpose.42
Upon the sale by a dealer of a manufactured home the certificate of title to which was issued in a state other than Colorado, the dealer must immediately deliver to the purchaser or transferee the certificate of title from the other state, duly and properly endorsed or assigned to the purchaser or transferee, together with the dealer's statement...
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