Georgia 2025-2026 Regular Session

Georgia Senate Bill SB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 49 2209
2	2		Senate Bill 119
3	3		By: Senators Goodman of the 8th, Watson of the 11th, Hatchett of the 50th, Jones II of the
4	4		22nd, Summers of the 13th and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of
9	9		1
10	10		Georgia Annotated, relating to general provisions for manufactured or mobile homes, so as2
11	11		to provide for limited exceptions to circumstances under which a manufactured home shall3
12	12		become real property; to provide for preservation of rights and remedies of prior holders of4
13	13		a lien or security interest in certain manufactured homes; to provide for notice and5
14	14		application requirements; to provide for related matters; to provide for an effective date and6
15	15		applicability; to repeal conflicting laws; and for other purposes.7
16	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
17	17		SECTION 1.9
18	18		Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia10
19	19		Annotated, relating to general provisions for manufactured or mobile homes, is amended by11
20	20		revising Code Section 8-2-181, relating to manufactured home as personal property,12
21	21		requirements for real property status, and requirements for Certificate of Permanent13
22	22		Location, as follows:14
23	23		S. B. 119
24	24		- 1 - 25 LC 49 2209
25	25		"8-2-181.
26	26		15
27	27		(a) Except as provided in Subpart 1A of this part
28	28		subsections (c) through (f) of Code16
29	29		Section 8-2-183 and Code Section 8-2-183.1, a manufactured home shall constitute17
30	30		personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,'18
31	31		Chapter 3 of Title 40, until such time as the home is converted to real property as provided19
32	32		for in this part or as provided in Subpart 1A of this part.20
33	33		(b) Except as otherwise provided in this subpart, a A manufactured home shall become21
34	34		real property if:22
35	35		(1) The home is or is to be permanently affixed on real property and one or more persons23
36	36		with an ownership interest in the home also has an ownership interest in such real24
37	37		property; and25
38	38		(2) The owner of the home and the holders of all security interests therein execute and26
39	39		file executes and files a Certificate of Permanent Location:27
40	40		(A) In the real estate records of the county where the real property is located; and28
41	41		(B) With the commissioner.29
42	42		(c) The Certificate of Permanent Location shall be in a form prescribed by the30
43	43		commissioner and shall include:31
44	44		(1) The name and address of the owner of the home;32
45	45		(2) The names and addresses of the holders of any security interest in and of any lien33
46	46		upon the home;34
47	47		(3) The title number assigned to the home;35
48	48		(4) A description of the real estate on which the home is or is to be located, including the36
49	49		name of the owner and a reference by deed book and page number to the chain of title of37
50	50		such real property; and38
51	51		(5) Any other data the commissioner prescribes."39
52	52		S. B. 119
53	53		- 2 - 25 LC 49 2209
54	54		SECTION 2.
55	55		40
56	56		Said subpart is further amended by revising Code Section 8-2-182, relating to recording of41
57	57		Certificate of Permanent Location, responsibilities of commissioner, and notification to tax42
58	58		assessors, as follows:43
59	59		"8-2-182.44
60	60		(a) When a Certificate of Permanent Location is properly filed with the clerk of superior45
61	61		court, the clerk shall record such certificate in the same manner as other instruments46
62	62		affecting the real property described in the Certificate of Permanent Location and shall47
63	63		charge and collect the fees usually charged for recording deeds and other instruments48
64	64		relating to real estate. Such certificate shall be indexed under the name of the current49
65	65		owner of the real property in both the grantor and grantee indexes. The clerk shall provide50
66	66		the owner with a certified copy of the Certificate of Permanent Location, reflecting its51
67	67		filing, and shall charge and collect the fees usually charged for the provision of certified52
68	68		copies of documents relating to real estate.53
69	69		(b) Upon receipt of a certified copy of a properly executed Certificate of Permanent54
70	70		Location, along with the certificate of title, the commissioner shall file and retain a copy55
71	71		of such Certificate of Permanent Location together with all other prior title records related56
72	72		to the home. When a properly executed Certificate of Permanent Location has once been57
73	73		filed, the commissioner shall accept no further title filings with respect to that home, except58
74	74		as may be necessary to correct any errors in the department's records and except as59
75	75		provided in subsections (d) and (e) of Code Section 20-2-183 and
76	76		Subparts 2 and 3 of this60
77	77		part.61
78	78		(c) When a Certificate of Permanent Location is so filed, the commissioner shall issue:62
79	79		(1) Issue to the clerk of the superior court with whom the original Certificate of63
80	80		Permanent Location was filed confirmation by the commissioner that the Certificate of64
81	81		Permanent Location has been so filed and the certificate of title has been surrendered; and65
82	82		S. B. 119
83	83		- 3 - 25 LC 49 2209
84	84		(2) Notify the holders of all security interests listed on the Certificate of Permanent66
85	85		Location or otherwise listed in the commissioner's records that a Certificate of Permanent67
86	86		Location has been filed and the certificate of title has been surrendered. Such notification68
87	87		shall be in writing and sent to each holder of a security interest at the address shown on69
88	88		the certificate of title or otherwise listed in the commissioner's records.70
89	89		(d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location71
90	90		from the commissioner, the clerk of superior court shall provide a copy of the Certificate72
91	91		of Permanent Location to the appropriate board of tax assessors or such other local official73
92	92		as is responsible for the valuation of real property."74
93	93		SECTION 3.75
94	94		Said subpart is further amended by revising Code Section 8-2-183, relating to status of home76
95	95		as part of real property, as follows:77
96	96		"8-2-183.78
97	97		(a) When a Certificate of Permanent Location has been properly filed with the clerk of79
98	98		superior court, a certified copy of the Certificate of Permanent Location is properly filed80
99	99		with the commissioner, and the certificate of title is surrendered, the home shall become81
100	100		for all legal purposes a part of the real property on which it is located. Without limiting the82
101	101		generality of the foregoing, the home shall be subject to transfer by the owner of the real83
102	102		property, subject to any security interest in the real property and subject to foreclosure of84
103	103		any such interest, in the same manner as and together with the underlying real property.85
104	104		(b) When a home has become a part of the real property as provided in this part, it shall86
105	105		be unlawful for any person to remove such home from the real property except with the87
106	106		written consent of the owner of the real property and the holders of all security interests in88
107	107		the real property and in strict compliance with the requirements of Subpart 2 of this part. 89
108	108		Any person who violates this subsection shall be guilty of a misdemeanor of a high and90
109	109		aggravated nature.91
110	110		S. B. 119
111	111		- 4 - 25 LC 49 2209
112	112		(c) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of92
113	113		law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the93
114	114		superior court, the filing of a certified copy of the Certificate of Permanent Location with94
115	115		the commissioner, and the surrender of a certificate of title as provided in this subpart shall95
116	116		not impair the rights and remedies of a prior holder of a lien or security interest in a home96
117	117		until such lien or security interest has been paid off or satisfied. Such prior holder shall97
118	118		continue to have all rights and remedies provided by law and by contract in such home as98
119	119		if such home is classified as personal property and shall continue to have priority in such99
120	120		home, including the same priority against encumbrancers or owners of the real property100
121	121		that such prior holder had when such home was classified as personal property. A prior101
122	122		holder exercising such personal property rights and remedies as described in this subsection102
123	123		may remove the home from the real property where it is located without the prior written103
124	124		consent of the owner of such real property or the written consent of the holders of security104
125	125		interests in such real property and without complying with the requirements of Subpart 2105
126	126		of this part.106
127	127		(d) Notwithstanding any other provision of law to the contrary, a holder of a lien or107
128	128		security interest in a home exercising personal property remedies as described in subsection108
129	129		(c) of this Code section may apply for a certificate of title in such home as provided in109
130	130		subsection (a) of Code Section 40-3-34, except the last certificate of title shall not be110
131	131		required in connection with such application. The commissioner or the commissioner's111
132	132		duly authorized county tag agent shall issue a new certificate of title to such holder making112
133	133		an application as provided in Code Section 40-3-35, and such home shall be treated as113
134	134		personal property for all purposes until later converted to real property as provided for in114
135	135		this subpart.115
136	136		(e) Notwithstanding any other provision of law to the contrary, a transferee acquiring a116
137	137		home from a holder of a lien or security interest in such home exercising personal property117
138	138		remedies as described in subsection (c) of this Code section may apply for a certificate of118
139	139		S. B. 119
140	140		- 5 - 25 LC 49 2209
141	141		title in such home, as provided in subsection (b) of Code Section 40-3-34, except the last119
142	142		certificate of title shall not be required in connection with such application. The120
143	143		commissioner or the commissioner's duly authorized county tag agent shall issue a new121
144	144		certificate of title to the person making such application as provided in Code122
145	145		Section 40-3-35, and such home shall be treated as personal property for all purposes until123
146	146		later converted to real property as provided for in this subpart.124
147	147		(f) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of125
148	148		law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the126
149	149		superior court, the filing of a certified copy of the Certificate of Permanent Location with127
150	150		the commissioner, and the surrender of a certificate of title under this subpart shall not128
151	151		impose additional licensing, affirmative conduct, or prohibited acts on the holder of a129
152	152		personal property lien or security interest on a home or such holder's service providers or130
153	153		agents."131
154	154		SECTION 4.132
155	155		This Act shall become effective on July 1, 2025, and shall apply to all contracts entered into133
156	156		on or after such date.134
157	157		SECTION 5.135
158	158		All laws and parts of laws in conflict with this Act are repealed.136
159	159		S. B. 119
160	160		- 6 -