CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 542Introduced by Senator LeyvaFebruary 16, 2017 An act to add Section 18107 to the Health and Safety Code, relating to manufactured housing. LEGISLATIVE COUNSEL'S DIGESTSB 542, as introduced, Leyva. Manufactured Housing Act of 1980: notice of transfer and release of liability.Existing law, the Manufactured Housing Act of 1980, requires, with certain exceptions, manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state to be subject to annual registration with the Department of Housing and Community Development upon the appropriate forms approved by the department and payment of prescribed registration fees. The act authorizes registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to be held in the name of a company, an estate, a trust, a conservatorship, a guardianship, or an individual owners name. The act requires every registered owner, upon receipt of a registration card, to maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued. If a registration application is made in this state and the department is not satisfied as to the ownership of the manufactured home or mobilehome or the existence of foreign liens thereon, existing law authorizes the department to register the manufactured home or mobilehome and issue a registration card with distinctive markings, but requires the department to withhold issuance of a California certificate of title, unless the applicant presents sufficient documents regarding the applicants ownership the absence of any liens thereon or posts a bond. In addition, existing law authorizes the department to refuse registration or the renewal or transfer of registration of a manufactured home or mobilehome if the department is not satisfied that the applicant is entitled thereto. Existing law makes it unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. This bill would provide that an owner of a new or used manufactured home or mobilehome subject to registration pursuant to the Manufactured Housing Act of 1980 who sells or transfers ownership of the manufactured home or mobilehome would not be subject to civil or criminal liability for a violation of the act after the delivery of possession of the manufactured home or mobilehome, the compliance with specified requirements in existing law regarding transfer of title, and the delivery to the department of either a notice of transfer and release of liability, as specified, or the appropriate documents and fees for registration of the manufactured home or mobilehome to the new owner pursuant to the sale or transfer.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18107 is added to the Health and Safety Code, to read:18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 542Introduced by Senator LeyvaFebruary 16, 2017 An act to add Section 18107 to the Health and Safety Code, relating to manufactured housing. LEGISLATIVE COUNSEL'S DIGESTSB 542, as introduced, Leyva. Manufactured Housing Act of 1980: notice of transfer and release of liability.Existing law, the Manufactured Housing Act of 1980, requires, with certain exceptions, manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state to be subject to annual registration with the Department of Housing and Community Development upon the appropriate forms approved by the department and payment of prescribed registration fees. The act authorizes registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to be held in the name of a company, an estate, a trust, a conservatorship, a guardianship, or an individual owners name. The act requires every registered owner, upon receipt of a registration card, to maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued. If a registration application is made in this state and the department is not satisfied as to the ownership of the manufactured home or mobilehome or the existence of foreign liens thereon, existing law authorizes the department to register the manufactured home or mobilehome and issue a registration card with distinctive markings, but requires the department to withhold issuance of a California certificate of title, unless the applicant presents sufficient documents regarding the applicants ownership the absence of any liens thereon or posts a bond. In addition, existing law authorizes the department to refuse registration or the renewal or transfer of registration of a manufactured home or mobilehome if the department is not satisfied that the applicant is entitled thereto. Existing law makes it unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. This bill would provide that an owner of a new or used manufactured home or mobilehome subject to registration pursuant to the Manufactured Housing Act of 1980 who sells or transfers ownership of the manufactured home or mobilehome would not be subject to civil or criminal liability for a violation of the act after the delivery of possession of the manufactured home or mobilehome, the compliance with specified requirements in existing law regarding transfer of title, and the delivery to the department of either a notice of transfer and release of liability, as specified, or the appropriate documents and fees for registration of the manufactured home or mobilehome to the new owner pursuant to the sale or transfer.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 542
Introduced by Senator LeyvaFebruary 16, 2017
Introduced by Senator Leyva
February 16, 2017
An act to add Section 18107 to the Health and Safety Code, relating to manufactured housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 542, as introduced, Leyva. Manufactured Housing Act of 1980: notice of transfer and release of liability.
Existing law, the Manufactured Housing Act of 1980, requires, with certain exceptions, manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state to be subject to annual registration with the Department of Housing and Community Development upon the appropriate forms approved by the department and payment of prescribed registration fees. The act authorizes registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to be held in the name of a company, an estate, a trust, a conservatorship, a guardianship, or an individual owners name. The act requires every registered owner, upon receipt of a registration card, to maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued. If a registration application is made in this state and the department is not satisfied as to the ownership of the manufactured home or mobilehome or the existence of foreign liens thereon, existing law authorizes the department to register the manufactured home or mobilehome and issue a registration card with distinctive markings, but requires the department to withhold issuance of a California certificate of title, unless the applicant presents sufficient documents regarding the applicants ownership the absence of any liens thereon or posts a bond. In addition, existing law authorizes the department to refuse registration or the renewal or transfer of registration of a manufactured home or mobilehome if the department is not satisfied that the applicant is entitled thereto. Existing law makes it unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. This bill would provide that an owner of a new or used manufactured home or mobilehome subject to registration pursuant to the Manufactured Housing Act of 1980 who sells or transfers ownership of the manufactured home or mobilehome would not be subject to civil or criminal liability for a violation of the act after the delivery of possession of the manufactured home or mobilehome, the compliance with specified requirements in existing law regarding transfer of title, and the delivery to the department of either a notice of transfer and release of liability, as specified, or the appropriate documents and fees for registration of the manufactured home or mobilehome to the new owner pursuant to the sale or transfer.
Existing law, the Manufactured Housing Act of 1980, requires, with certain exceptions, manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state to be subject to annual registration with the Department of Housing and Community Development upon the appropriate forms approved by the department and payment of prescribed registration fees. The act authorizes registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to be held in the name of a company, an estate, a trust, a conservatorship, a guardianship, or an individual owners name. The act requires every registered owner, upon receipt of a registration card, to maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued. If a registration application is made in this state and the department is not satisfied as to the ownership of the manufactured home or mobilehome or the existence of foreign liens thereon, existing law authorizes the department to register the manufactured home or mobilehome and issue a registration card with distinctive markings, but requires the department to withhold issuance of a California certificate of title, unless the applicant presents sufficient documents regarding the applicants ownership the absence of any liens thereon or posts a bond. In addition, existing law authorizes the department to refuse registration or the renewal or transfer of registration of a manufactured home or mobilehome if the department is not satisfied that the applicant is entitled thereto. Existing law makes it unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration.
This bill would provide that an owner of a new or used manufactured home or mobilehome subject to registration pursuant to the Manufactured Housing Act of 1980 who sells or transfers ownership of the manufactured home or mobilehome would not be subject to civil or criminal liability for a violation of the act after the delivery of possession of the manufactured home or mobilehome, the compliance with specified requirements in existing law regarding transfer of title, and the delivery to the department of either a notice of transfer and release of liability, as specified, or the appropriate documents and fees for registration of the manufactured home or mobilehome to the new owner pursuant to the sale or transfer.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 18107 is added to the Health and Safety Code, to read:18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 18107 is added to the Health and Safety Code, to read:18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
SECTION 1. Section 18107 is added to the Health and Safety Code, to read:
### SECTION 1.
18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:(A) The notice of transfer and release of liability described in subdivision (b).(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.(b) The notice of transfer and release of liability shall be in the following form:NOTICE OF TRANSFER AND RELEASE OF LIABILITYTO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTDivision of Codes and Standards[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 BRiverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.Mobilehome Identification:Name of New Owner: Address of New Owner:Name of Seller:Address of Seller:Date of Sale / Transfer: , 20 (c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.
18107. (a) Notwithstanding any other provision of law, the owner of a new or used manufactured home or mobilehome subject to registration pursuant to this part who sells or transfers ownership of the manufactured home or mobilehome shall not be subject to civil or criminal liability for a violation of this part after the delivery of possession of the manufactured home or mobilehome to the purchaser or other transferee and both of the following requirements are met:
(1) The owner has endorsed, released, and delivered the certificate of title in compliance with this part or, if the certificate of title is unavailable, has otherwise complied with the requirements of the department for the transfer of title in order to relinquish all rights, title, and interest in and to the manufactured home or mobilehome.
(2) The owner has delivered to the department or has deposited in the United States mail, addressed to the department, either of the following:
(A) The notice of transfer and release of liability described in subdivision (b).
(B) The registration documents and fees required by the department for the sale or transfer of the manufactured home or mobilehome to the new owner.
(b) The notice of transfer and release of liability shall be in the following form:
NOTICE OF TRANSFER AND RELEASE OF LIABILITY
TO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Codes and Standards
[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201
El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903
[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 B
Riverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982
COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).
BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.
When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.
Mobilehome Identification:
Name of New Owner:
Address of New Owner:
Name of Seller:
Address of Seller:
Date of Sale / Transfer: , 20
NOTICE OF TRANSFER AND RELEASE OF LIABILITY
TO: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Codes and Standards
[ ] 1530 Hilton Head Road, Suite 107 _____ [ ] 2986 Bechelli Lane, Suite 201
El Cajon, CA 92019-4655 _____ Redding, CA 96002-1903
[ ] 3737 Main Street, Suite 400 _____ [ ] 3220 South Higuera, Room 103 B
Riverside, CA 92501-3337 _____ San Luis Obispo, CA 93401-6982
COMPLETE AND MAIL TO DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
You are required by law to notify the Department of Housing and Community Development (HCD) within twenty (20) days from the date you sell or otherwise dispose of a manufactured home or mobilehome. This form is provided for use in reporting the sale or transfer to the department, and does not constitute an application for transfer of ownership (title).
BEFORE YOUR NAME IS REMOVED FROM HCDS RECORDS, THE NEW OWNER MUST APPLY FOR TRANSFER USING THE ENDORSED CERTIFICATE OF TITLE (TITLE) RECEIVED FROM YOU AND THE NEW OWNER MUST COMPLETE ALL TRANSFER REQUIREMENTS.
When this form is properly completed and the information is recorded by HCD, liabilities of ownership and control or possession, including civil liability or criminal liability for registration and titling, fees and or taxes, compliance with codes and standards, occupation or possession of a manufactured home or mobilehome, after the date of transfer of possession, becomes the responsibility of the subsequent new owner(s). You may want to verify the new owners identification to ensure that the new owner is providing you with accurate name information. Keep a copy of the completed form for your records, as legal notices can be received months or years after the manufactured home or mobilehome has been sold. Do not ignore any notices requiring action on the part of the owner. Section 18107 of the Health and Safety Code establishes the requirements for releasing liability of the selling or transferring owner and may be referred to for any liability disputes.
Mobilehome Identification:
Name of New Owner:
Address of New Owner:
Name of Seller:
Address of Seller:
Date of Sale / Transfer: , 20
(c) This section shall not be construed to impose any additional duties upon an owner who sells or transfers ownership of a manufactured home or mobilehome pursuant to any other law.
(d) For purposes of this section, an owner means a homeowner as defined in Section 798.9 of the Civil Code, an owner who is of record as a registered owner pursuant to this part, a legal owner as defined in Section 18005.8, and a junior lienholder as defined in Section 18005.3.