Missouri Statute | Act | Code |Codes And Standards| US Code - US Statute | Chapter 700 Manufactured Homes (mobile Homes)

As used in sections 700.010 to 700.500, for the purpose of
sections 700.010 to 700.500, the following terms mean:

(1) "Authorized representative", any person, firm or corporation, or
employee thereof, approved or hired by the commission to perform
inspection services;

(2) "Code", the standards relating to manufactured homes, or modular
units as adopted by the commission. The commission, in its discretion,
may incorporate, in whole or in part, the standards codes promulgated by
the American National Standards Institute, the United States Department
of Housing and Urban Development or other recognized agencies or
organizations;

(3) "Commission", the public service commission;

(4) "Dealer", any person, other than a manufacturer, who sells or offers
for sale four or more manufactured homes, or modular units in any
consecutive twelve-month period;

(5) "Manufactured home", a factory-built structure or structures which,
in the traveling mode, is eight body feet or more in width or forty body
feet or more in length, or, when erected on site, contains three hundred
twenty or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units on
its or their own running gear and designed to be used as a dwelling unit
or units with or without a permanent foundation. The phrase "without a
permanent foundation" indicates that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner;

(6) "Manufacturer", any person who manufactures manufactured homes, or
modular units, including persons who engage in importing manufactured
homes, or modular units for resale;

(7) "Modular unit", a transportable building unit designed to be used by
itself or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational or
industrial purposes. This definition shall not apply to structures under
six hundred fifty square feet used temporarily and exclusively for
construction site office purposes;

(8) "New", being sold or offered for sale to the first purchaser for
purposes other than resale;

(9) "Person", an individual, partnership, corporation or other legal
entity;

(10) "Premises", a lot, plot, or parcel of land including the buildings,
structures, and manufactured homes thereon;

(11) "Recreational park trailer", a recreational park trailer as defined
in the American National Standards Institute (ANSI) A119.5 Standard on
Recreational Park Trailers. A recreational park trailer is not a
recreational vehicle;

(12) "Recreational vehicle", a recreational vehicle as defined in the
American National Standards Institute (ANSI) A119.2 Standard on
Recreational Vehicles;

(13) "Seal", a device, label or insignia issued by the public service
commission, U.S. Department of Housing and Urban Development, or its
agent, to be displayed on the exterior of the manufactured home, or
modular unit to evidence compliance with the code;

(14) "Setup", the operations performed at the occupancy site which
renders a manufactured home or modular unit fit for habitation, which
operations include, but are not limited to, moving, blocking, leveling,
supporting, and assembling multiple or expandable units. (L. 1973 H.B. 98
§§ 2, 3, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648,
A.L. 1984 S.B. 666 merged with H.B. 1477, A.L. 1994 S.B. 589, A.L. 1999
S.B. 19)

(1991) Where community center terminated a contract with a Nebraska
manufacturer of prefabricated modular housing for the design and
construction of a new drug and alcohol facility, the contract was
unenforceable under Missouri law because manufacturer's duties under
contract involved practice of architecture and professional engineering
and manufacturer lacked licensing as required by Missouri law. Kansas
City Community Center v. Heritage Industries, Inc., 773 S.W.2d 241 (Mo.
en banc).

1. No person shall rent, lease, sell or offer for sale any new
manufactured home manufactured after January 1, 1974, unless such
manufactured home complies with the code and bears the proper seal.

2. No person shall manufacture in this state any manufactured home or
modular unit for rent, lease or sale within the state which does not bear
a seal evidencing compliance with the code.

3. Unless otherwise required by federal law or regulations, nothing in
sections 700.010 to 700.115 shall apply to a manufactured home or modular
unit being built expressly for export and sold for use solely outside
this state.

4. No person shall offer for rent, lease or sale a new modular unit or a
unit used for educational purposes manufactured after January 1, 1974,
unless such modular unit complies with the code and bears a seal issued
by the commission evidencing compliance with the code.

5. No manufacturer shall sell or offer for sale within this state:

(1) Any new recreational vehicle that is not manufactured in compliance
with the American National Standards Institute (ANSI) A119.2 Standard on
Recreational Vehicles; or

(2) Any new recreational park trailer that is not manufactured in
compliance with the American National Standards Institute (ANSI) A119.5
Standard on Recreational Park Trailers. (L. 1973 H.B. 98 §§ 2, 3, A.L.
1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1994 S.B.
589, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

Seals may be issued by the commission when applied for with an
affidavit certifying that the person applying will not attach a seal to
any manufactured home or modular unit that does not meet or exceed the
code. Any registered dealer who has acquired a preowned manufactured home
or modular unit without a seal may apply for a seal with an affidavit
certifying that the preowned manufactured home or modular unit was
brought up to or otherwise meets the requirements of the code. No person
may manufacture in this state any manufactured home or modular unit
unless it bears a seal and certification certifying that the manufactured
home or modular unit meets or exceeds the code. The certificate as to
each manufactured home or modular unit shall be displayed in a manner to
be prescribed by the commission. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739,
A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

No dealer, manufacturer or their representative shall alter or
cause to be altered any new manufactured home or modular unit or used
modular unit used for educational purposes to which a seal has been
affixed, if such alteration or conversion causes the manufactured home or
modular unit to be in violation of the code. (L. 1973 H.B. 98 § 5, A.L.
1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B.
19, A.L. 2001 S.B. 317)

Upon showing by a registered manufacturer or dealer that another
state provides for the sealing of manufactured homes or modular units in
compliance with standards which are at least equal to those provided in
the code and upon determination by the commission that such standards are
being adequately enforced, the commission shall provide that a seal
affixed under the authority of such state shall have the same effect as a
seal affixed under authority of this state. The commission may make any
such approval contingent upon such other state granting reciprocal effect
to seals affixed under authority of this state and shall maintain a list
of such states which shall be available on request. (L. 1973 H.B. 98 § 6,
A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999
S.B. 19)

1. If a manufactured home or modular unit carries a seal as
provided in sections 700.010 to 700.115, no agency of this state, nor any
municipality or other local governmental body shall require such
manufactured home or modular unit to comply with any other building,
plumbing, heating or electrical code other than the code established by
sections 700.010 to 700.115.

2. No agency of this state, nor any municipality or other local
governmental body shall:

(1) Require a recreational vehicle or recreational park trailer to comply
with any building, plumbing, heating or electrical code other than those
established by the respective American National Standard Institute (ANSI)
A119.2 standard or A119.5 standard; or

(2) Institute any recreational vehicle or recreational park trailer
inspection program to determine such vehicle's compliance with the
applicable ANSI A119.2 or A119.5 standard. (L. 1973 H.B. 98 § 7, A.L.
1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

1. The commission shall, through its own inspection service or
through a public or private inspection service acting as its authorized
representative, perform sufficient inspections of manufacturing and
dealer premises and manufactured homes and modular units to ensure that
the provisions of the code are being observed. The commission shall
approve any designation of a public or private inspection service as an
authorized representative. The commission shall establish a comprehensive
inspection system, including a determination of the extent to which its
own inspectors or authorized representatives are used. The inspections
may include examination of all books, records, performance and technical
data of a manufacturer related to the subject matter of sections 700.010
to 700.115.

2. The commission shall establish reasonable fees for seals or
inspection, or both, which are sufficient to cover all costs incurred in
the administration of sections 700.010 to 700.115. Fees for inspections
made by private inspection services may be paid directly to the
inspection service. The commission, upon issuing seals, registration
certificates, and plan approvals, and conducting inspections provided for
in sections 700.010 to 700.115, shall notify the director of revenue, who
shall receive the fees and immediately deposit the same in the state
treasury to the credit of a fund to be known as the "Manufactured Housing
Fund". All salaries and expenses for the implementation of sections
700.010 to 700.115 shall be appropriated and paid from such fund.

3. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the fund for the preceding fiscal year. The amount, if any, in the fund
which shall lapse is that amount in the fund which exceeds the
appropriate multiple of the appropriations from the fund for the
preceding year.

4. The commission may appoint such employees within its department as it
may deem necessary for the administration of the provisions of sections
700.010 to 700.115.

5. The commission may issue and promulgate such rules and regulations as
necessary to make effective the code and the provisions of sections
700.010 to 700.115. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is promulgated under the authority
delegated in sections 700.010 to 700.115 shall become effective only if
they have been promulgated pursuant to the provisions of chapter 536,
RSMo. All rulemaking authority delegated prior to August 28, 1999, is of
no force and effect; however, nothing in this section shall be
interpreted to repeal or affect the validity of any rule filed or adopted
prior to August 28, 1999, if it fully complied with the provisions of
chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable
and if any of the powers vested with the general assembly pursuant to
chapter 536, RSMo, to review, to delay the effective date or to
disapprove and annul a rule are subsequently held unconstitutional, then
the grant of rulemaking authority and any rule proposed or adopted after
August 28, 1999, shall be invalid and void.

6. The commission may remove seals from any manufactured home or modular
unit made by any manufacturer in violation of the provisions of section
700.045.

7. Notwithstanding any other provisions of sections 700.010 to 700.115,
the commission shall have the authority to enter into any contract or
agreement necessary to comply with the statutes and regulations enforced
by and under the authority of the United States Department of Housing and
Urban Development relating to manufactured homes and modular housing.

8. The commission may require manufacturers and dealers to file reports
with the Secretary of the United States Department of Housing and Urban
Development as may be required under the provisions of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401, et seq.). (L. 1973 H.B. 98 § 8, A.L. 1976 H.B. 1393, A.L.
1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1984 S.B. 666, A.L. 1989 H.B. 870
merged with S.B. 278, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B.
19)

It shall be a misdemeanor:

(1) For a manufacturer or dealer to manufacture, rent, lease, sell or
offer to sell any manufactured home or modular unit after January 1,
1977, unless there is in effect a registration with the commission;

(2) To rent, lease, sell or offer to sell any new manufactured home or
new modular unit or used modular unit used for educational purposes
manufactured after January 1, 1974, which does not bear a seal as
required by sections 700.010 to 700.115;

(3) To affix a seal or cause a seal to be affixed to any manufactured
home or modular unit which does not comply with the code;

(4) To alter a manufactured home or modular unit in a manner prohibited
by the provisions of sections 700.010 to 700.115;

(5) To fail to correct within a reasonable time not to exceed ninety days
after being ordered to do so in writing by an authorized representative
of the commission a code violation in a new manufactured home or new
modular unit or used modular unit used for educational purposes owned,
manufactured or sold if the same is manufactured after January 1, 1974; or

(6) To interfere with, obstruct, or hinder any authorized representative
of the commission in the performance of his or her duties. (L. 1973 H.B.
98 § 9, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L.
1994 S.B. 589, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

The issuance of seals to any manufacturer in violation of the
provisions of sections 700.010 to 700.115 may be suspended by the
commission and no further seals shall be issued to any such manufacturer
except upon proof satisfactory to the commission that the conditions
which brought about the violation have been remedied. Seals remain the
property of the state and may be removed by the commission from any new
manufactured home or new modular unit or used modular unit used for
educational purposes which is in violation of the code. (L. 1973 H.B. 98
§ 9, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L.
1999 S.B. 19, A.L. 2001 S.B. 317)

From and after January 1, 1974, the manufacturer shall cause a
serial number to be stamped on the front cross member of the left-hand
side so that it may be easily read. It may not contain more than fifteen
digits. Any multiple units shall contain the same serial number with
letters of the alphabet designating that each is a different separate
unit. Starting with "A" each additional unit shall be in alphabetical
order. The letters shall be stamped at the end of the numbers. (L. 1973
H.B. 98 § 10, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739)

Every dealer of a manufactured home offered for sale in this
state shall at the time of sale provide the purchaser with a bill of sale
containing at least the following: The total price of the unit and its
contents, a list of all furniture and appliances in the manufactured
home, any other costs which will be assessed to the purchaser such as
transportation, handling, or such other costs, and the sales tax payable
for such manufactured home. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L.
1982 S.B. 648)

As used in sections 700.060 to 700.115, the term "manufactured
home" shall also include units defined in section 700.010 if such units
are in two or more separately towable components designed to be joined
into one integral unit capable of being again separated into the
components for repeated towing and includes two manufactured home units
joined into a single residential or business unit which are kept on
separate chassis for repeated towing. For the purposes of sections
700.060 to 700.115, a "manufactured home" shall not include a
recreational vehicle or a recreational park trailer. (L. 1973 H.B. 98 §
11, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L.
1999 S.B. 19)

All manufactured homes located in this state shall be anchored
and tied down in accordance with the standards promulgated by the
commission pursuant to the provisions of sections 700.010 to 700.115. (L.
1973 H.B. 98 § 12, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982
S.B. 648)

Effective November 27, 1973, all purchasers of manufactured
homes shall, within thirty days from the date of occupancy, anchor and
secure the manufactured home in accordance with the standards promulgated
by the commission pursuant to the provisions of sections 700.010 to
700.115. (L. 1973 H.B. 98 § 13, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739,
A.L. 1982 S.B. 648)

1. The owner of a manufactured home shall secure the
manufactured home to the ground by the use of anchors and tiedowns so as
to resist wind overturning and sliding. However, nothing herein shall be
construed as requiring that anchors and tiedowns be installed to secure
manufactured homes which are permanently attached to a permanent
structure. A permanent structure shall have a foundation and such other
structural elements as assure the rigidity and stability of the
manufactured home.

2. The commission shall have authority to promulgate regulations relating
to manufactured home or modular unit tiedowns or anchors setting minimum
standards for both the manufacture and installation of tiedowns and
anchors.

3. (1) Persons licensed in this state to engage in the business of
insuring manufactured homes that are subject to the provisions of this
section against damage from windstorm shall issue such insurance only if
the manufactured home has been anchored and tied down in accordance with
the provisions of this section.

(2) In the event that a manufactured home is insured against damage
caused by windstorm and subsequently sustains windstorm damage of a
nature that indicates that the manufactured home was not anchored or tied
down in the manner required by this section, the person issuing the
policy shall not be relieved from meeting the obligations specified in
the insurance policy with respect to such damage on the basis that the
manufactured home was not properly anchored or tied down.

4. Whenever a person who engages in the business of installing anchors,
tiedowns, or over-the-roof ties or who engages in the business of
manufacturing such devices for use in this state does so in a manner not
in accordance with the minimum standards set forth by the commission, a
person aggrieved thereby may bring an action in the appropriate court for
actual damages and attorney's fees. In addition, the court may provide
appropriate equitable relief including the enjoining of a violator from
engaging in further violations. Whenever it is established to the
satisfaction of the court that a willful violation has occurred, the
court shall award punitive damages to the aggrieved party.

5. Any violation of the provisions of this section shall constitute a
violation of the provisions of section 407.020, RSMo. (L. 1976 H.B. 1393,
A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)

The commission shall approve or have approved, prior to being
sold, being offered for sale or being installed, any anchor or tiedown
system designed and intended for manufactured homes. Before any such
system shall be sold, offered for sale, or installed, a letter of
approval from the commission or its authorized agent approving the
particular system or complying with the Missouri standards shall be
prominently displayed at each place of business selling, offering for
sale, or installing such system, and a copy shall be furnished each
person purchasing the anchor or tiedown system. (L. 1973 H.B. 98 § 15,
A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)

The provisions of sections 700.060 to 700.085 do not apply to
any manufactured home unit being offered for sale and parked temporarily
on the sales lot of any person, firm, or corporation regularly selling or
offering for sale manufactured homes as part of his or its usual business
operations. (L. 1973 H.B. 98 § 16, A.L. 1976 H.B. 1393, A.L. 1978 S.B.
739, A.L. 1982 S.B. 648)

1. Every manufacturer or dealer of manufactured homes who sells
or offers for sale, on consignment or otherwise, a manufactured home or
modular unit from or in the state of Missouri shall register each
location with the commission.

2. The commission shall issue a certificate of registration to a
manufacturer who:

(1) Completes and files with the commission an application for
registration which contains the following information:

(a) The name of the manufacturer;

(b) The address of the manufacturer and addresses of each factory owned
or operated by the manufacturer, if different from the address of the
manufacturer;

(c) If a corporation, the state of original incorporation, a list of the
names and addresses of all officers and directors of the corporation, and
proof of the filing of all franchise and sales tax forms required by
Missouri law;

(d) If not a corporation, the name and address of the managing person or
persons responsible for overall operation of the manufacturer;

(2) Files with the commission an initial registration fee of seven
hundred fifty dollars in the form of a cashier's check or money order
made payable to the state of Missouri.

3. The commission shall issue a certificate of registration to a dealer
who:

(1) Completes and files with the commission an application for
registration which contains the following information:

(a) The name of the dealer;

(b) The business address of the dealer and addresses of each separate
facility owned and operated by the dealer from which manufactured homes
or modular units are offered for sale if different from the business
address of the dealer;

(c) If a corporation, the state of original incorporation, a list of the
names and addresses of all officers and directors of the corporation,
proof of the filing of all franchise and sales tax forms required by
Missouri law;

(d) If not a corporation, the name and address of the managing person or
persons responsible for the overall operations of the manufacturer;

(2) Files with the commission an initial registration fee of two hundred
dollars in the form of a cashier's check or money order made payable to
the state of Missouri;

(3) Files with the commission proof of compliance with the provisions of
section 301.280, RSMo.

4. The registration of any manufacturer or dealer shall be effective for
a period of one year and shall be renewed by the commission upon receipt
by it from the registered dealer of a renewal fee of seven hundred fifty
dollars for manufacturers and two hundred dollars for dealers and a form
provided by the commission upon which shall be placed any changes from
the information requested on the initial registration form.

5. The commission may stagger the renewal of certificates of registration
to provide for more equal distribution over the twelve months of the
number of registration renewals. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739,
A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

1. The commission may refuse to register or refuse to renew the
registration of any person who fails to comply with the provisions of
section 700.090 or this section. Notification of unfavorable action by
the commission on any application for registration or renewal of
registration must be delivered to the applicant within thirty days from
date it is received by the commission. Notification of unfavorable action
by the commission on any application for registration or renewal of
registration must be accompanied by a notice informing the recipient that
the decision of the commission may be appealed as provided in chapter
386, RSMo.

2. The commission may consider a complaint filed with it charging a
registered manufacturer or dealer with a violation of the provisions of
this section, which charges, if proven, shall constitute grounds for
revocation or suspension of his registration, or the placing of the
registered manufacturer or dealer on probation.

3. The following specifications shall constitute grounds for the
suspension, revocation or placing on probation of a manufacturer's or
dealer's registration:

(1) If required, failure to comply with the provisions of section
301.280, RSMo;

(2) Failing to be in compliance with the provisions of section 700.090;

(3) If a corporation, failing to file all franchise or sales tax forms
required by Missouri law;

(4) Engaging in any conduct which constitutes a violation of the
provisions of section 407.020, RSMo;

(5) Failing to comply with the provisions of Sections 2301-2312 of Title
15 of the United States Code (Magnuson-Moss Warranty Act);

(6) As a dealer, failing to arrange for the proper initial setup of any
new manufactured home or modular unit sold from or in the state of
Missouri, unless the dealer receives a written waiver of that service
from the purchaser or his or her authorized agent;

(7) Requiring any person to purchase any type of insurance from that
manufacturer or dealer as a condition to his being sold any manufactured
home or modular unit;

(8) Requiring any person to arrange financing or utilize the services of
any particular financing service as a condition to his being sold any
manufactured home or modular unit; provided, however, the registered
manufacturer or dealer may reserve the right to establish reasonable
conditions for the approval of any financing source;

(9) Engaging in conduct in violation of section 700.045;

(10) Failing to comply with the provisions of section 301.210, RSMo;

(11) Failing to pay all necessary fees and assessments authorized
pursuant to sections 700.010 to 700.115.

(L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999
S.B. 19, A.L. 2001 S.B. 317)

1. The owner of a manufactured home may convert the manufactured
home to real property by:

(1) Attaching the manufactured home to a permanent foundation situated on
real estate owned by the manufactured home owner; and

(2) The removal or modification of the transporting apparatus including
but not limited to wheels, axles and hitches rendering it impractical to
reconvert the real property thus created to a manufactured home.

2. The conversion of a manufactured home to real property by the method
provided in subsection 1 of this section shall prohibit any political
subdivision of this state from declaring or treating that manufactured
home as other than real property. (L. 1991 H.B. 608)

(2000) Section abrogates the common law elements of conversion of a
mobile home to real property. In re Estate of Parker, 25 S.W.3d 611
(Mo.App.W.D.).

1. Except as otherwise provided in subsections 2 and 3 of this
section, a violation of the provisions of sections 700.010 to 700.115
shall constitute a violation of the provisions of section 407.020, RSMo.
In addition to the authority vested in the attorney general to enforce
the provisions of that section, he may petition the court and the court
may enter an order revoking the registration certificate of the defendant
or defendants issued pursuant to the provisions of section 700.090.

2. Notwithstanding any provisions of subsection 1 of this section to the
contrary, whoever violates any provision of this chapter shall be liable
to the state of Missouri for a civil penalty in an amount which shall not
exceed one thousand dollars for each such violation. Each violation of
this chapter shall constitute a separate violation with respect to each
manufactured home or with respect to each failure or refusal to allow or
perform an act required by this chapter; except that, the maximum civil
penalty may not exceed one million dollars for any related series of
violations occurring within one year from the date of the first violation.

3. Any individual or director, officer, or agent of a corporation who
knowingly and willfully violates any provision of sections 700.010 to
700.115, in a manner which threatens the health or safety of any
purchaser, shall, upon conviction therefor, be fined not more than one
thousand dollars or imprisoned for not more than one year, or both. (L.
1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1984 S.B.
666 merged with H.B. 1477, A.L. 1995 S.B. 3)

1. The owner of any new or used manufactured home, as defined in
section 700.010, shall make application to the director of revenue for an
official certificate of title to such manufactured home in the manner
prescribed by law for the acquisition of certificates of title to motor
vehicles, and the rules promulgated pursuant thereto. All fees required
by section 301.190, RSMo, for the titling of motor vehicles and all
penalties provided by law for the failure to title motor vehicles shall
apply to persons required to make application for an official certificate
of title by this subsection. In case there is any duplication in serial
numbers assigned any manufactured homes, or no serial number has been
assigned by the manufacturer, the director shall assign the serial
numbers for the manufactured homes involved.

2. At the time the owner of any new manufactured home, as defined in
section 700.010, which was acquired in a transaction subject to sales tax
under the Missouri sales tax law makes application to the director of
revenue for an official certificate of title for such manufactured home,
he shall present to the director of revenue evidence satisfactory to the
director of revenue showing the purchase price exclusive of any charge
incident to the extension of credit paid by or charged to the applicant
in the acquisition of the manufactured home, or that no sales tax was
incurred in its acquisition, and if sales tax was incurred in its
acquisition, the applicant shall pay or cause to be paid to the director
of revenue the sales tax provided by the Missouri sales tax law in
addition to the registration fees now or hereafter required according to
law, and the director of revenue shall not issue a certificate of title
for any new manufactured home subject to sales tax as provided in the
Missouri sales tax law until the tax levied for the sale of the same
under sections 144.010 to 144.510, RSMo, has been paid as provided in
this section. As used in this subsection, the term "purchase price" shall
mean the total amount of the contract price agreed upon between the
seller and the applicant in the acquisition of the new manufactured home
regardless of the medium of payment therefor. In the event that the
purchase price is unknown or undisclosed, or that the evidence thereof is
not satisfactory to the director of revenue, the same shall be fixed by
appraisement by the director. The director of the department of revenue
shall endorse upon the official certificate of title issued by him upon
such application an entry showing that such sales tax has been paid or
that the manufactured home represented by the certificate is exempt from
sales tax and state the ground for such exemption.

3. A certificate of title for a manufactured home issued in the names of
two or more persons that does not show on the face of the certificate
that the persons hold their interest in the manufactured home as tenants
in common, on death of one of the named persons, may be transferred to
the surviving owner or owners. On proof of death of one of the persons in
whose names the certificate was issued, surrender of the outstanding
certificate of title, and on application and payment of the fee for an
original certificate of title, the director of revenue shall issue a new
certificate of title for the manufactured home to the surviving owner or
owners; and the current valid certificate of number shall be so
transferred.

4. A certificate of title for a manufactured home issued in the names of
two or more persons that shows on its face that the persons hold their
interest in the manufactured home as tenants in common, on death of one
of the named persons, may be transferred by the director of revenue on
application by the surviving owners and the personal representative or
successors of the deceased owner. Upon being presented proof of death of
one of the persons in whose names the certificate of title was issued,
surrender of the outstanding certificate of title, and on application and
payment of the fee for an original certificate of title, the director of
revenue shall issue a new certificate of title for the manufactured home
to the surviving owners and personal representative or successors of the
deceased owner; and the current valid certificate of number shall be so
transferred. (L. 1985 S.B. 152 § 700.120, A.L. 2004 S.B. 1233, et al.)

1. As used in sections 700.350 to 700.390, the term
"manufactured home" shall have the same meanings given it in section
700.010 or section 400.9-102(a)(53), RSMo.

2. Unless excepted by section 700.375, a lien or encumbrance on a
manufactured home shall not be valid against subsequent transferees or
lienholders of the manufactured home who took without knowledge of the
lien or encumbrance unless the lien or encumbrance is perfected as
provided in sections 700.350 to 700.380.

*3. A lien or encumbrance on a manufactured home is perfected by the
delivery to the director of revenue of a notice of lien in a format as
prescribed by the director of revenue. Such lien or encumbrance shall be
perfected as of the time of its creation if the delivery of the notice of
lien required in this subsection to the director of revenue is completed
within thirty days thereafter, otherwise such lien or encumbrance shall
be perfected as of the time of the delivery. A notice of lien shall
contain the name and address of the owner of the manufactured home and
the secured party, a description of the manufactured home, including any
identification number and such other information as the department of
revenue shall prescribe. A notice of lien substantially complying with
the requirements of this section is effective even though it contains
minor errors which are not seriously misleading. Liens may secure future
advances. The future advances may be evidenced by one or more notes or
other documents evidencing indebtedness and shall not be required to be
executed or delivered prior to the date of the future advance lien
securing them. The fact that a lien may secure future advances shall be
clearly stated on the security agreement and noted as "subject to future
advances" in the notice of lien and noted on the certificate of ownership
if the motor vehicle or trailer is subject to only one lien. To secure
future advances when an existing lien on a manufactured home does not
secure future advances, the lienholder shall file a notice of lien
reflecting the lien to secure future advances. A lien to secure future
advances is perfected in the same time and manner as any other lien,
except as follows: proof of the lien for future advances is maintained by
the department of revenue; however, there shall be additional proof of
such lien when the notice of lien reflects such lien for future advances,
is receipted by the department of revenue, and returned to the lienholder.

*4. Whether a manufactured home is subject to a lien or encumbrance shall
be determined by the laws of the jurisdiction where the manufactured home
was when the lien or encumbrance attached, subject to the following:

(1) If the parties understood at the time the lien or encumbrances
attached that the manufactured home would be kept in this state and it is
brought into this state within thirty days thereafter for purposes other
than transportation through this state, the validity and effect of the
lien or encumbrance in this state shall be determined by the laws of this
state;

(2) If the lien or encumbrance was perfected under the laws of the
jurisdiction where the manufactured home was when the lien or encumbrance
attached, the following rules apply:

(a) If the name of the lienholder is shown on an existing certificate of
title or ownership issued by that jurisdiction, his lien or encumbrance
continues perfected in this state;

(b) If the name of the lienholder is not shown on an existing certificate
of title or ownership issued by the jurisdiction, the lien or encumbrance
continues perfected in this state for three months after the first
certificate of title of the manufactured home is issued in this state,
and also thereafter if, within the three-month period, it is perfected in
this state. The lien or encumbrance may also be perfected in this state
after the expiration of the three-month period, in which case perfection
dates from the time of perfection in this state;

(3) If the lien or encumbrance was not perfected under the laws of the
jurisdiction where the manufactured home was when the lien or encumbrance
attached, it may be perfected in this state, in which case perfection
dates from the time of perfection in this state;

(4) A lien or encumbrance may be perfected under paragraph (b) of
subdivision (2) or subdivision (3) of this subsection in the same manner
as provided in subsection 3 of this section or by the lienholder
delivering to the director of** revenue a notice of lien or encumbrance
in the form the director prescribes and the required fee.

5. By rules and regulations, the director of revenue shall establish a
security procedure for the purpose of verifying that an electronic notice
of lien or notice of satisfaction of lien on a manufactured home given as
permitted in this chapter is that of the lienholder, verifying that an
electronic notice of confirmation of ownership and perfection of a lien
given as required in this chapter is that of the director of revenue, and
detecting error in the transmission or the content of such notice. A
security procedure may require the use of algorithms or other codes,
identifying words or numbers, encryption, callback procedures or similar
security devices. Comparison of a signature on a communication with an
authorized specimen signature shall not by itself be a security procedure.

6. All transactions involving liens or encumbrances on manufactured homes
perfected pursuant to sections 700.350 to 700.390 after June 30, 2001,
and before August 28, 2002, and the rights, duties, and interests flowing
from them are and shall remain valid thereafter and may be terminated,
completed, consummated, or enforced as required or permitted by section
400.9-303, RSMo, or this section. Section 400.9-303, RSMo, and this
section are remedial in nature and shall be given that construction.

7. The repeal and reenactment of subsections 3 and 4 of this section
shall become effective July 1, 2003. (L. 1985 S.B. 152 § 700.150, A.L.
1989 H.B. 211, A.L. 2002 H.B. 2008 merged with S.B. 895)

*Subsections 3 and 4 became effective 7-1-03. Consult § 700.350,
subsections 3 and 4, of main volume 15 for text prior to 7-1-03.

**Word "or" appears in original rolls.

1. A certificate of title to the manufactured home when issued
by the director of revenue shall be mailed or confirmation of such title
shall be electronically transmitted or mailed to the owner shown on the
face of the title of such manufactured home. Provided the lienholder
submits complete and legible documents, the director of revenue shall
mail confirmation or electronically confirm receipt of each notice of
lien to the lienholder as soon as possible, but no later than fifteen
business days after the filing of the notice of lien.

2. A lienholder may elect that the director of revenue retain possession
of an electronic certificate of title, and the director shall issue
regulations to cover the procedure by which such election is made. Each
such certificate of ownership or title shall require a separate election,
unless the director provides otherwise by regulation. A subordinate
lienholder shall be bound by the election of the superior lienholder with
respect to the certificate involved.

3. As used in this section, "electronic certificate of ownership" means
any electronic record of ownership or title, including a lien or liens
that may be recorded. (L. 1985 S.B. 152 § 700.155, A.L. 2002 H.B. 2008
merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

If an owner creates a lien or encumbrance on a manufactured home:

(1) The owner shall immediately execute the application, either in the
space provided therefor on the certificate of title or on a separate form
the director of revenue prescribes, to name the lienholder on the
certificate of title, showing the name and address of the lienholder and
the date of his security agreement, and shall cause the certificate of
title, the application and the required fee to be mailed or delivered to
the director of revenue. Failure of the owner to do so, including naming
the lienholder in such application, is a class A misdemeanor;

(2) The lienholder or an authorized agent licensed pursuant to sections
301.112 to 301.119, RSMo, shall deliver to the director of revenue a
notice of lien as prescribed by the director of revenue accompanied by
all other necessary documentation to perfect a lien as provided in this
section;

(3) To perfect a lien for a subordinate lienholder when a transfer of
ownership occurs, the subordinate lienholder shall either mail or
deliver, or cause to be mailed or delivered, a completed notice of lien
to the department of revenue, accompanied by authorization from the first
lienholder. The owner shall ensure the subordinate lienholder is recorded
on the application for title at the time the application is made to the
department of revenue. To perfect a lien for a subordinate lienholder
when there is no transfer of ownership, the owner or lienholder in
possession of the certificate shall either mail or deliver, or cause to
be mailed or delivered, the owner's application for title, certificate,
notice of lien, authorization from the first lienholder and title fee to
the department of revenue. The delivery of the certificate and executing
a notice of authorization to add a subordinate lien does not affect the
rights of the first lienholder under the security agreement;

(4) Upon receipt of the documents and fee required in subdivision (3) of
this section, the director of revenue shall issue a new certificate of
ownership containing the name and address of the new lienholder, and
shall mail the certificate as prescribed in section 700.355, or if a
lienholder who has elected for the director of revenue to retain
possession of an electronic certificate of ownership, the lienholder
shall either mail or deliver to the director a notice of authorization
for the director to add a subordinate lienholder to the existing
certificate. Upon receipt of such authorization, a notice of lien and
required documents and title fee, if applicable, from a subordinate
lienholder, the director shall add the subordinate lienholder to the
certificate of ownership being electronically retained by the director
and provide confirmation of the addition to both lienholders. (L. 1985
S.B. 152 § 700.160, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. A lienholder may assign, absolutely or otherwise, his lien or
encumbrance on the manufactured home to a person other than the owner
without affecting the interest of the owner or the validity or effect of
the lien or encumbrance, but any person without notice of the assignment
is protected in dealing with the lienholder as the holder of the lien or
encumbrance and the lienholder shall remain liable for any obligations as
lienholder until the assignee is named as lienholder on the certificate
of title.

2. An assignee under subsection 1 of this section may, but need not to
perfect the assignment, have the certificate of title issued with the
assignee named as lienholder, upon delivering to the director of revenue
the certificate of title, an assignment by the lienholder named in the
certificate of title, and the required fee in the form the director of
revenue prescribes.

3. If the certificate of ownership is being electronically retained by
the director of revenue, the original lienholder may mail or deliver a
notice of assignment of a lien to the director in a form prescribed by
the director. Upon receipt of notice of assignment, the director shall
update the electronic certificate of ownership to reflect the assignment
of the lien and lienholder. (L. 1985 S.B. 152 § 700.165, A.L. 2002 H.B.
2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

Upon the satisfaction of a lien or encumbrance on a manufactured
home, the lienholder shall, within ten days after demand, release the
lien or encumbrance on the certificate or a separate document, and mail
or deliver the certificate or separate document to the owner or any
person who delivers to the lienholder an authorization from the owner to
receive the certificate or separate document. Each perfected subordinate
lienholder, if any, shall release such lien or encumbrance as provided in
this section for the first lienholder. The release on the certificate or
separate document shall be notarized. The owner may cause the certificate
of title, the release, and the required fee to be mailed or delivered to
the director of revenue, who shall release the lienholder's rights on the
certificate and issue a new certificate of title. (L. 1985 S.B. 152 §
700.170, A.L. 2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. Sections 700.350 to 700.380 shall not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or
materials for the manufactured home;

(2) A lien given by statute to the United States, this state or any
political subdivision of this state;

(3) A lien or encumbrance on a manufactured home created by a
manufacturer or dealer who holds the manufactured home for sale.

2. The method provided in sections 700.350 to 700.380 of perfecting and
giving notice of liens or encumbrances subject to sections 700.350 to
700.380 is exclusive. (L. 1985 S.B. 152 § 700.175)

Effective 12-31-85

All transactions involving liens or encumbrances on manufactured
homes entered into before July 1, 2003, and the rights, duties, and
interests flowing from such transactions shall remain valid thereafter
except as otherwise provided by law, and may be terminated, completed,
consummated, or enforced as required or permitted by any statute or other
law amended or repealed by sections 700.350 to 700.380 as though such
repeal or amendment had not occurred. (L. 1985 S.B. 152 § 700.180, A.L.
2002 H.B. 2008 merged with S.B. 895)

Effective 8-28-02 (H.B. 2008)

7-01-03 (S.B. 895)

1. When the holder of any indebtedness secured by a security
agreement or other contract for security covering a manufactured home
repossesses the manufactured home either by legal process or in
accordance with the terms of a contract authorizing the repossession of
the manufactured home without legal process, the holder may obtain a
certificate of title from the director of revenue upon presentation of:

(1) An application, which shall be upon a blank form furnished by the
director of revenue and shall contain the full description of the
manufactured home and the manufacturer's or other identifying number;

(2) An affidavit of the holder that the debtor defaulted in payment of
the debt, and that the holder repossessed the manufactured home either by
legal process or in accordance with the terms of the contract, and the
specific address where the manufactured home is held; and

(3) The original, or a conformed or photostatic copy of the original, of
the security agreement or other contract for security and the instrument
or instruments evidencing the indebtedness secured by the security
agreement or other contract for security. The director may, by
regulation, prescribe for the inclusion in either or both the application
or affidavit required by this subsection any other information that he,
from time to time, deems necessary or advisable, and may prescribe that
the affidavit required by this subsection be part of the application.

2. Upon the holder's presentation of the papers required by subsection 1
of this section and the payment of a fee of ten dollars, the director of
revenue, if he is satisfied with the genuineness of the papers, shall
issue and deliver to the holder a certificate of title which shall be in
its usual form except it shall be clearly captioned "Repossessed Title";
except that, unless the application is accompanied by the written
consent, acknowledged before an officer authorized to take
acknowledgments, of the owners and other lienholders, if any, of the
manufactured home as shown by the last prior certificate of title or
ownership, if any, issued on the manufactured home for the issuance of a
repossessed title to the applicant, no such repossessed title may be
issued by the director of revenue unless the director shall first give
ten days' written notice by first class United States mail postage
prepaid to each of the owners and other lienholders, if any, of the
manufactured home at each of their last mailing addresses as shown by the
last prior certificate of title or ownership, if any, issued on the
manufactured home that an application for a repossessed title has been
made and the date the repossessed title will be issued, which notice
shall be accompanied by a copy, photostatic or otherwise, of the
application and affidavit. The application for repossessed title may be
withdrawn by the applicant at any time before the granting thereof. Each
repossessed title so issued shall, for all purposes, be treated as an
original certificate of title and shall supersede the outstanding
certificate of title or ownership, if any, and duplicates thereof, if
any, on the manufactured home all of which shall become null and void.

3. In any case where there is no certificate of title or ownership, or
duplicate thereof, outstanding in the name of the debtor on the
repossessed manufactured home, the director of revenue shall issue a
repossessed title to the holder upon the payment of all unpaid fees,
taxes, charges and penalties owed by the debtor, in addition to the fee
specified in subsection 2 of this section. (L. 1985 S.B. 152 § 700.185,
A.L. 1989 H.B. 211)

Effective 7-6-89

As used in sections 700.450 to 700.470, the following terms
shall mean:

(1) "Commission", the public service commission;

(2) "Dealer", any person, including, but not limited to, real estate
brokers and salespersons, other than a manufacturer, who sells or offers
for sale four or more manufactured homes in any consecutive twelve-month
period;

(3) "Manufactured home", a factory-built structure or structures which,
in the traveling mode, is eight body feet or more in width or forty body
feet or more in length, or, when erected on site, contains three hundred
twenty or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units on
its or their own running gear and designed to be used as a dwelling unit
or units with or without a permanent foundation. The phrase "without a
permanent foundation" indicates that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner;

(4) "Manufacturer", any person who manufactures manufactured homes,
including persons who engage in importing manufactured homes for resale;

(5) "Person", any individual, partnership, corporation or other legal
entity. (L. 1985 S.B. 152 § 700.200)

Effective 12-31-85

1. Every dealer shall, on or before January fifteenth of each
year, instead of registering each manufactured home dealt in, make a
verified application, upon a blank for such purpose to be furnished by
the commission, for a distinctive number for all the manufactured homes
dealt in or controlled by such dealer. The application shall contain, but
need not be limited to:

(1) When the applicant is a partnership, the name and address of each
partner, or, when the applicant is a corporation, the names of the
principal officers of the corporation and the state in which it is
incorporated. The application shall be verified by the oath or
affirmation of the applicant, if an individual, or in the event an
applicant is a partnership or corporation, then by a partner or officer;

(2) A bona fide established place of business shall be required for every
dealer. A bona fide established place of business for any dealer shall
include a permanent enclosed building or structure, either owned in fee
or leased and actually occupied as a place of business by the applicant
for the selling, bartering, trading or exchanging of manufactured homes,
where the public may contact the owner or operator at any reasonable time
and where the books, records, files and other matters required and
necessary to conduct the business shall be kept and maintained.

2. The application shall contain the business address, not a post-office
box, and telephone number of the place where the books, records, files
and other matters required and necessary to conduct the business are
located and where the same may be inspected during normal daytime
business hours.

3. Each application shall contain such additional information as may be
required by the commission to enable it to determine whether the
applicant is a bona fide dealer in fact and is of good moral character.

4. On the payment of a registration fee of fifty dollars there shall be
assigned to each dealer a certificate of registration in such form as the
commission shall prescribe. (L. 1985 S.B. 152 § 700.205, A.L. 1987 S.B.
138, A.L. 1996 S.B. 758)

1. Each person registered as a dealer pursuant to the provisions
of sections 700.450 to 700.470 shall file monthly reports with the
commission, which reports shall be in the form and manner and contain the
information required by the commission by rules promulgated pursuant to
chapter 536, RSMo, and shall permit an employee of the commission or any
law enforcement official to inspect, during normal business hours, any of
the following documents which are in his possession or under his custody
or control:

(1) Any title to any manufactured home;

(2) Any application for title to any manufactured home;

(3) Any affidavit provided pursuant to chapter 301 or 407, RSMo;

(4) Any assignment of title to any manufactured home;

(5) Any disclosure statement or other document required by the laws of
the United States or any other state.

2. For purposes of this section, the term "law enforcement official"
shall mean any of the following:

(1) Attorney general, or any person designated by him to make such an
inspection;

(2) Any prosecuting attorney or any person designated by a prosecuting
attorney to make such an inspection;

(3) Any member of the highway patrol;

(4) Any sheriff or deputy sheriff;

(5) Any peace officer certified pursuant to chapter 590, RSMo, acting in
his official capacity. (L. 1985 S.B. 152 § 700.210)

Effective 12-31-85

No insurance company, finance company, bank or trust company
shall be required to register with the commission in order to sell any
manufactured home repossessed or purchased by the company on the basis of
total destruction or theft thereof when the sale of the manufactured home
is in conformance with applicable title and registration laws of this
state. (L. 1985 S.B. 152 § 700.215)

Effective 12-31-85

1. The commission may refuse to register an applicant as a
dealer, or may suspend the registration of an existing dealer from one
day to thirty days, or revoke the registration of a dealer, after a
written notice and a hearing when he is satisfied that the applicant or
dealer has failed to comply with the provisions set out in sections
700.450 to 700.470. Notification of unfavorable action by the commission
on any application for registration or renewal of registration must be
accompanied by a notice informing the recipient that the decision of the
director may be appealed as provided in chapter 536, RSMo.

2. It shall be unlawful for any person to hold forth or act as a dealer
who is not currently registered as a dealer by the commission as required
by sections 700.450 to 700.470. (L. 1985 S.B. 152 § 700.220)

Effective 12-31-85

1. The director of revenue shall notify the assessor of the
county in which the manufactured home is located when the following occur:

(1) Sales tax is paid on the manufactured home and a certificate of title
therefor is issued; or

(2) Title to any manufactured home is transferred.

2. As used in this section, the term "manufactured home" shall have the
same meaning given it in section 700.010. (L. 1985 S.B. 152 § 700.250)

Effective 12-31-85

As used in sections 700.525 to 700.541, the following terms mean:

(1) "Abandoned", a physical absence from the property, and either:

(a) Failure by a renter of real property to pay any required rent for
fifteen consecutive days, along with the discontinuation of utility
service to the rented property for such period; or

(b) Indication of or notice of abandonment of real property rented from a
landlord;

(2) "Manufactured home", a factory-built structure as defined in
subdivision (5) or (7) of section 700.010. (L. 1992 H.B. 1434 & 1490 § 10
subsec. 1)

1. If a person abandons a manufactured home on any real property
owned by another who is renting such real property to the owner of the
manufactured home, and such abandonment is without the consent of the
owner of the real property, the owner of the real property may seek
possession of and title to the manufactured home in accordance with the
provisions of sections 700.525 to 700.541 subject to the interest of any
party with a security interest in the manufactured home.

2. The landlord seeking possession of the manufactured home shall submit
a report to the director of revenue. Such report shall include the
following:

(1) An application, which shall be upon a blank form furnished by the
director of revenue and shall contain the full description of the
manufactured home and the manufacturer's or other identifying number;

(2) An affidavit of the landlord seeking possession of the manufactured
home, stating that the manufactured home is abandoned as defined by
section 700.525 and applicable rule of the department, the duration of
such abandonment, that the manufactured home is located upon real
property owned by the landlord, and that the manufactured home is the
subject of a valid rental agreement signed by the renter, along with the
original, or a photostatic or conformed copy of the original contract for
rental of real property; and

(3) Any other information that the director of revenue may require by
rule. (L. 1992 H.B. 1434 & 1490 § 10 subsecs. 2, 3, A.L. 1995 H.B. 414)

Upon proof of all the foregoing *in section 700.527* by proper
affidavit and upon compliance with the provisions of sections 700.525 to
700.541, the director of revenue shall, if requested, issue a new
certificate of title to the landlord. (L. 1992 H.B. 1434 & 1490 § 10
subsec. 4)

*Words "in section 700.527" do not appear in original rolls, but were
inserted for editorial clarity.

The provisions of sections 700.525 to 700.539 shall not affect
the right of a secured party to take possession of, and title to, a
manufactured home pursuant to section 400.9-503, RSMo, section 700.386*
or otherwise as allowed by contract or law. (L. 1995 H.B. 414)

*Section 700.386 does not exist.

The director of revenue shall notify the owner of record of the
manufactured home and any holder of a security interest in the
manufactured home of its status of abandonment, the name and business
address of the landlord seeking possession of the manufactured home, and
the right of the landlord to seek title to the manufactured home pursuant
to sections 700.525 to 700.541 if such manufactured home remains
abandoned or if the owner of record of the manufactured home and any
holder of a security interest in the manufactured home does not respond
to the notice. The notice shall be given within fifteen working days of
the receipt of the application of the landlord pursuant to subsection 2
of section 700.527. (L. 1992 H.B. 1434 & 1490 § 10 subsec. 5)

The owner of such manufactured home or the holder of a valid
security interest therein which is in default may claim title to it from
the landlord seeking possession of the manufactured home upon proof of
ownership or valid security interest which is in default and payment of
all reasonable rents due and owing to the landlord. (L. 1992 H.B. 1434 &
1490 § 10 subsec. 6)

If the manufactured home is titled in Missouri, the valid owner
of the manufactured home or the holder of a valid security interest
therein may voluntarily relinquish any claim to the manufactured home by
affirmatively declaring such relinquishment or by failing to respond to
the notice required by section 700.531 within thirty days of the mailing
or delivery of such notice by the director of revenue. (L. 1992 H.B. 1434
& 1490 § 10 subsec. 7, A.L. 1995 H.B. 414)

The lienholder of an abandoned manufactured home may repossess
an abandoned manufactured home by notifying by registered mail, postage
prepaid, the owner if known, and any lienholders of record, at their last
known addresses, that application for a certificate of title will be made
unless the owner or lienholder of record makes satisfactory arrangements
with the owner of real property upon which such abandoned manufactured
home is situated within thirty days of the mailing of the notice. This
notice shall be supplied by the use of a form designed and provided by
the director of revenue. (L. 1992 H.B. 1434 & 1490 § 10 subsec. 8, A.L.
1995 H.B. 414)

1. Within thirty days after the notification form required by
section 700.537 has been mailed, and the owner or lienholder has made
satisfactory arrangements with the owner of real property, the lienholder
who sent notification pursuant to sections 700.525 to 700.541 may apply
to the director of revenue for a certificate of title. The application
shall be accompanied by:

(1) An affidavit of the lienholder that he is in compliance with all
requirements of sections 700.525 to 700.541;

(2) A copy of the receipt indicating that the owner or lienholder of
record has received the notice required by sections 700.525 to 700.541;

(3) A fee as required by the director of revenue by rule.

2. Upon proof of the foregoing by proper affidavit and upon compliance
with all requirements of sections 700.525 to 700.541, the director of
revenue shall, if requested, issue a new certificate of title to the
lienholder in possession within fifteen working days after request. (L.
1992 H.B. 1434 & 1490 § 10 subsecs. 9, 10, A.L. 1995 H.B. 414)

The director of revenue may promulgate any rules necessary to
effectuate the purposes of sections 700.525 to 700.541. No rule or
portion of a rule promulgated under the authority of sections 700.525 to
700.541 shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1992 H.B. 1434 & 1490 § 10
subsec. 11, § 11 subsecs. 1 to 4, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. As used in this section, the following terms mean:

(1) "Manufactured home", the same meaning as provided in section 700.010;

(2) "Manufactured or mobile home land lease community", any area, lot,
parcel, or tract held in common ownership and on which individual
portions of such area, lot, parcel, or tract are leased for the placement
of manufactured or mobile homes as a primary residence;

(3) "Mobile home", a residential building constructed or assembled in a
factory which is not certified pursuant to the federal Housing and Urban
Development (HUD) Code and which conforms to the American National
Standards Institute (ANSI) standards for mobile homes.

2. A landlord of a manufactured or mobile home land lease community shall
provide written notice to all of the community's tenants who own their
manufactured or mobile homes at least one hundred twenty days prior to
requiring such tenants to vacate the property due to a change in use of
the property. In cases where more than one hundred twenty days remain on
a current lease, the longer time period shall apply for purposes of
providing notice pursuant to this section. The landlord shall not
increase the rent, except for a rent increase based solely on an increase
in property taxes, for any tenant of the manufactured or mobile home land
lease community during the sixty-day period prior to providing such
notice or at any time after providing such notice.

3. Nothing in this section shall be construed as prohibiting a landlord
from evicting a tenant with less than one hundred twenty days' notice for
any reason other than a change in use of the property. (L. 2004 H.B. 998
& 905)

CROSS REFERENCE: Penalty for violations, RSMo 700.115

1. A sole owner of a manufactured home, and multiple owners of a
manufactured home who hold their interest as joint tenants with right of
survivorship or as tenants by the entirety, on application and payment of
the fee required for an original certificate of ownership, may request
the director of revenue to issue a certificate of ownership for the
manufactured home in beneficiary form which includes a directive to the
director of revenue to transfer the certificate of ownership on death of
the sole owner or on death of all multiple owners to one beneficiary or
to two or more beneficiaries as joint tenants with right of survivorship
or as tenants by the entirety named on the face of the certificate. The
directive to the director of revenue shall also permit the beneficiary or
beneficiaries to make one reassignment of the original certificate of
ownership upon the death of the owner to another owner without
transferring the certificate to the beneficiary or beneficiaries' name.

2. A certificate of ownership in beneficiary form may not be issued to
persons who hold their interest in a manufactured home as tenants in
common.

3. A certificate of ownership issued in beneficiary form shall include
after the name of the owner, or after the names of multiple owners, the
words "transfer on death to" or the abbreviation "TOD" followed by the
name of the beneficiary or beneficiaries.

4. (1) During the lifetime of a sole owner and during the lifetime of all
multiple owners, or prior to the death of the last surviving multiple
owner, the signature or consent of the beneficiary or beneficiaries shall
not be required for any transaction relating to the manufactured home for
which a certificate of ownership in beneficiary form has been issued.

(2) A certificate of ownership in beneficiary form may be revoked or the
beneficiary or beneficiaries changed at any time before the death of a
sole owner or the last surviving multiple owner only by the following
methods:

(a) By a sale of the manufactured home with proper assignment and
delivery of the certificate of ownership to another person; or

(b) By filing an application to reissue the certificate of ownership with
no designation of a beneficiary or with the designation of a different
beneficiary or beneficiaries with the director of revenue in proper form
and accompanied by the payment of the fee for an original certificate of
ownership.

(3) The beneficiary's or beneficiaries' interest in the manufactured home
at death of the owner or surviving owner shall be subject to any contract
of sale, assignment of ownership or security interest to which the owner
or owners of the manufactured home were subject during their lifetime.

(4) The designation of a beneficiary or beneficiaries in a certificate of
ownership issued in beneficiary form may not be changed or revoked by a
will, any other instrument, or a change in circumstances, or otherwise be
changed or revoked except as provided by subdivision (2) of this
subsection.

5. (1) On proof of death of one of the owners of two or more multiple
owners, or of a sole owner, surrender of the outstanding certificate of
ownership, and on application and payment of the fee for an original
certificate of ownership, the director of revenue shall issue a new
certificate of ownership for the manufactured home to the surviving owner
or owners or, if none, to the surviving beneficiary or beneficiaries,
subject to any outstanding security interest; and the current valid
certificate of number shall be so transferred. If the surviving
beneficiary or beneficiaries makes a request of the director of revenue,
the director may allow the beneficiary or beneficiaries to make one
assignment of title.

(2) The director of revenue may rely on a death certificate or record or
report that constitutes prima facie proof or evidence of death under
subdivisions (1) and (2) of section 472.290, RSMo.

(3) The transfer of a manufactured home at death pursuant to this section
is not to be considered as testamentary, or to be subject to the
requirements of section 473.087, RSMo, or section 474.320, RSMo. (L. 2004
H.B. 1511 merged with S.B. 1233, et al. § 1)

1. Sections 700.650 to 700.692 shall be known and may be cited
as the "Manufactured Home Installation Act".

2. For the purposes of sections 700.650 to 700.692, the following terms
shall mean:

(1) "Applicant", a person who applies to the commission for a license or
limited-use license to install manufactured homes;

(2) "Commission", the Missouri public service commission;

(3) "Dealer", any person, other than a manufacturer, who sells or offers
for sale four or more manufactured homes in any consecutive twelve- month
period;

(4) "Installation", work undertaken at the place of occupancy to ensure
the proper initial setup of a manufactured home which shall include the
joining of all sections of the home, installation of stabilization,
support, and leveling systems, assembly of multiple or expanded units,
and installation of applicable utility hookups and anchoring systems that
render the home fit for habitation;

(5) "Installation standards", reasonable specifications for the
installation of a manufactured home;

(6) "Installer", an individual who is licensed by the commission to
install manufactured homes, pursuant to sections 700.650 to 700.680;

(7) "Manufactured home", a manufactured home as that term is defined in
subdivision (5) of section 700.010;

(8) "Manufacturer", any person who manufactures manufactured homes,
including persons who engage in importing manufactured homes for resale;
and

(9) "Person", an individual, partnership, corporation, or other legal
entity. (L. 2004 S.B. 1096)

The commission shall implement a program, consistent with Title
VI of P.L. 106-569 and any federal regulations promulgated pursuant to
that act, to assure the proper installation of manufactured homes by
licensed installers. The program shall include the following components:

(1) Licensing of installers, including penalties for engaging in the
business of manufactured home installation without a license from the
commission;

(2) Installation standards applicable to manufactured homes;

(3) Inspection of a percentage of installed manufactured homes; and

(4) A process to resolve disputes relating to the installation of
manufactured homes. (L. 2004 S.B. 1096)

1. No person shall engage in the business of installing
manufactured homes or hold himself or herself out as a manufactured home
installer in this state unless such person holds a valid installer
license issued by the commission pursuant to sections 700.650 to 700.680.

2. The installer license obtained from the commission shall be the only
installer license required for installing manufactured homes within this
state. No political subdivision of this state may issue an installer
license or require additional professional licensure of installers
already licensed by the commission.

3. Manufactured home dealers and manufactured home manufacturers who do
not subcontract with a licensed installer and who perform installations
themselves or through direct agents or employees shall have at least one
agent or employee who is a licensed installer.

4. Any corporation, partnership, or other legal entity that performs
installation shall have at least one supervising agent who is a licensed
installer.

5. A license to install manufactured homes is not required for a person
who installs a manufactured home on his or her property for his or her
own occupancy or who is a direct agent of a licensee, working under the
licensee's supervision and within the licensee's job scope. The licensed
installer is responsible for supervising all such agents for their
competent and proper performance. (L. 2004 S.B. 1096)

1. The commission shall issue an installer license to an
applicant who:

(1) Files a written application with the commission on a form approved by
the commission;

(2) Is at least eighteen years old;

(3) Is of good moral character;

(4) Presents evidence that he or she has completed a training program
approved by the commission;

(5) Has attained a passing grade upon an examination, approved by the
commission, that is designed to test the skills necessary to properly
perform as an installer and to ascertain the adequacy of the applicant's
knowledge of federal and state laws applicable to manufactured home
installation. The commission may establish what constitutes a passing
grade for the examination; and

(6) Pays all fees as required by sections 700.650 to 700.680 and by
commission rule.

2. In addition to fulfilling the requirements of subsection 1 of this
section, an applicant who is not an agent of a dealer or manufacturer
shall obtain and show proof of a certificate of insurance for workers'
compensation coverage.

3. In addition to fulfilling the requirements of subsection 1 of this
section, an applicant who is an agent of a dealer or manufacturer shall
show proof of general liability insurance in an amount of at least three
hundred thousand dollars.

4. An installer license shall be valid for a period of time determined by
the commission, but not for less than one year, and it may be renewed
accordingly. (L. 2004 S.B. 1096)

1. The commission may waive the training and examination
requirements of subsection 1 of section 700.659 and grant an installer
license to an applicant who pays the applicable fee and demonstrates to
the commission's satisfaction that his or her current license,
registration, or certification requirements as an installer in another
state, the District of Columbia, or territories of the United States
substantially meets or exceeds the requirements in sections 700.650 to
700.680.

2. The commission may negotiate reciprocal agreements that allow licensed
installers in Missouri to become licensed in other states, the District
of Columbia, or territories of the United States. (L. 2004 S.B. 1096)

Upon payment of an applicable fee, the commission may issue a
limited-use installer license to an applicant not otherwise licensed
pursuant to sections 700.650 to 700.680 who already has installation
experience but who has not met the training and examination requirements
for licensure. The limited-use installer license shall allow the person
to install manufactured homes under the supervision of a person currently
licensed pursuant to sections 700.650 to 700.680. The limited-use license
shall expire when the commission issues an installer license to the
applicant or if the applicant fails to attain a passing grade on the
examination. The commission may renew an applicant's limited-use license
one time. (L. 2004 S.B. 1096)

1. The commission shall mail a renewal notice to the last known
address of each installer licensee prior to the renewal date and shall
establish procedures and requirements, including proof of continuing
education, for renewing an installer license. The commission shall renew
the license of a licensee who fulfills these requirements before the
expiration date of his or her license and within a time period determined
by the commission. The commission shall deny renewal to a licensee who
does not fulfill these requirements.

2. Within ten days of receiving notification, a licensee shall notify the
commission in writing of the cancellation, termination, or nonrenewal of
any workers' compensation coverage or general liability insurance
required by section 700.659. The commission may suspend an installer
license until the licensee provides proof that the insurance coverage is
restored.

3. Upon a licensee's written request, the commission may grant inactive
status to a licensee, if the person meets the licensing requirements in
sections 700.650 to 700.680 and:

(1) Does not install manufactured homes, except as allowed pursuant to
section 700.659;

(2) Does not hold himself or herself out as an installer in the state of
Missouri; and

(3) Maintains continuing education requirements established by the
commission.

4. The commission may establish procedures and requirements for reissuing
an installer license that has lapsed, expired, or been suspended,
revoked, or placed on inactive status. The commission shall not reissue a
license more than two years after its expiration date. (L. 2004 S.B. 1096)

1. No person shall:

(1) Falsely hold himself, herself, or a business organization out as a
licensed installer;

(2) Falsely impersonate a licensed installer;

(3) Present as his or her own the installer's license of another;

(4) Knowingly give false or forged evidence to the commission;

(5) Use or attempt to use an installer license that has been suspended or
revoked; or

(6) Engage in the business or act in the capacity of a licensed installer
or advertise himself, herself, or a business organization as available to
engage in the business or act in the capacity of an installer without
being duly licensed by the commission.

2. Any person who violates any provision of this section is guilty of a
class A misdemeanor. (L. 2004 S.B. 1096)

No person licensed as an installer and no applicant shall:

(1) Obtain an installer license by fraud or misrepresentation;

(2) Be convicted of or found guilty of, or enter a plea of nolo
contendere to, regardless of adjudication, a crime in any jurisdiction
that directly relates to the business of performing or the ability to
perform manufactured home installation;

(3) Violate any order of the commission;

(4) Commit misconduct, fraud, misrepresentation, or dishonesty in
installing manufactured homes;

(5) Commit gross negligence, repeated negligence, or negligence resulting
in a significant danger to life or property; or

(6) Commit violations of installation standards adopted by the commission
pursuant to section 700.683. (L. 2004 S.B. 1096)

1. Notwithstanding any provision of law to the contrary, the
commission may discipline a holder of an installer license, a holder of a
limited-use installer license, or any other person for any violation or
combination of violations of sections 700.671 and 700.674.

2. The commission may discipline a licensee or applicant who violates any
provision of section 700.674 by:

(1) Revoking a license;

(2) Suspending a license;

(3) Requiring the person to take and pass, or retake and pass, an
examination approved by the commission;

(4) Placing the person on probation;

(5) Sending the person a notice of noncompliance; or

(6) Refusing to issue a license.

3. The commission may consider a complaint filed with it charging a
licensed installer with a violation of the provisions of sections 700.650
to 700.680. If proven, the charges shall constitute grounds for revoking
or suspending the installer license or for placing the licensed installer
on probation.

4. If it refuses to issue or renew an installer license or limited- use
installer license, the commission shall notify the person, in writing, of:

(1) The reasons for refusal;

(2) The option to resolve the matter through the commission's alternative
dispute resolution process;

(3) The opportunity to file a formal complaint with the commission if the
person does not choose alternative dispute resolution or if that process
fails to resolve the matter; and

(4) The right to review by the circuit court, pursuant to section
386.510, RSMo. (L. 2004 S.B. 1096)

1. The commission shall investigate all complaints concerning
violations of sections 700.650 to 700.680 to determine if there are
grounds for disciplining a holder of an installer license or limited- use
installer license or for refusing to issue either form of license to an
applicant.

2. The commission may issue subpoenas duces tecum in order to cause any
installer licensee, holder of a limited use installer license, or other
person to produce records or appear as a witness in connection with an
investigation or proceeding pursuant to this section.

3. In lieu of or in addition to any remedy provided in this section, the
commission may file a petition in the name of the state asking a court to
issue a restraining order or a writ of mandamus against any person who is
or who had been violating any of the provisions of sections 700.650 to
700.680 or any rule, order, or subpoena issued by the commission. (L.
2004 S.B. 1096)

1. The commission shall require installers to install homes in
accordance with the installation instructions provided by the
manufacturer of the manufactured home. The instructions shall have been
approved by the United States Department of Housing and Urban Development
or one of its authorized agents pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended.

2. The commission shall adopt uniform, reasonable standards for the
proper installation of manufactured homes in this state including, but
not limited to, standards for the foundation, supports, anchoring,
underpinning, and joining of the sections of the home. The standards
shall provide for physical engineering needed to appropriately install a
manufactured home on a specific site.

3. Each licensed installer shall purchase installation decals from the
commission for a fee established by the commission. An installation decal
shall be affixed to the manufactured home upon completion of the
installation. The decal shall note the installer's license number and
shall be permanently affixed to the manufactured home at a location
determined by the commission. (L. 2004 S.B. 1096)

The commission shall conduct inspections of new manufactured
home installations performed by licensed installers consistent with
standards adopted pursuant to section 700.683 and with requirements
established by the United States Department of Housing and Urban
Development. (L. 2004 S.B. 1096)

The commission shall implement a process, by rule, consistent
with Title VI of P.L. 106-569 and any federal regulations promulgated
pursuant to that act, to resolve disputes arising among manufacturers,
dealers, and installers of manufactured homes regarding responsibility
for correcting or repairing defects in manufactured homes that are
reported during the one-year period beginning on the date of
installation. The program shall provide for issuing appropriate orders.
(L. 2004 S.B. 1096)

1. The commission may implement sections 700.650 to 700.692
using its own employees, using independent contractors, consistent with
policies established by the office of administration, or through other
private or public entities that provide a service to an applicant or
licensee at the expense of the applicant, licensee, or his or her
employer.

2. The commission may establish reasonable fees to cover the cost of
implementing sections 700.650 to 700.692. The commission shall collect
the fees and transmit them to the department of revenue for deposit in
the state treasury to the credit of the manufactured housing fund created
pursuant to section 700.040.

3. The commission may promulgate any rules necessary and convenient to
carry out the purposes of sections 700.650 to 700.692. Any rule or
portion of a rule, as that term is defined in section 536.010, RSMo, that
is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable, and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2004, shall
be invalid and void. (L. 2004 S.B. 1096)

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