Bill Text: MI HB4886 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Mobile homes: title; process for mobile home abandonment; provide for. Amends 1987 PA 96 (MCL 125.2301 - 125.2350) by adding sec. 30j. TIE BAR WITH: HB 4887'23, HB 4888'23, HB 4889'23
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-07-19 - Bill Electronically Reproduced 07/18/2023 [HB4886 Detail]
Download: Michigan-2023-HB4886-Introduced.html
HOUSE BILL NO. 4886
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
(MCL 125.2301 to 125.2350) by adding section 30j.
the people of the state of michigan enact:
Sec. 30j. (1) Beginning on the effective date of the amendatory act that added this section, an owner of a mobile home park at which a mobile home owned by another person is located may declare the mobile home abandoned if the owner of the mobile home park has a good-faith belief that the mobile home owner has abandoned the mobile home. For purposes of this subsection, a good-faith belief must be based on reasonable evidence that includes, but is not limited to, any of the following:
(a) A failure of the mobile home owner to pay rent for 30 days or more.
(b) The disconnection of utility services in the mobile home for 30 days or more.
(c) Abandonment of the mobile home by the mobile home owner. For purposes of this subdivision, a mobile home is considered abandoned if the mobile home owner informs the owner of the mobile home park that the mobile home owner is abandoning the mobile home or it appears that the mobile home has been vacant for 30 days or more.
(2) Before declaring a mobile home abandoned, an owner of a mobile home park shall do all of the following:
(a) Affix a notice of intent to declare the mobile home abandoned on the mobile home.
(b) Send a copy of the notice of intent to declare the mobile home abandoned by certified United States Postal Service mail to the mobile home owner, all persons identified on any lease agreements between the owner of a mobile home park and the mobile home owner, and all lienholders listed on the mobile home owner's title.
(3) Upon receipt of the notice of intent to declare the mobile home abandoned as required under subsection (2)(b), the mobile home owner or a lienholder may, after paying all amounts owed to the mobile home park under the lease agreement, enter into the mobile home park to remove the mobile home. A person removing a mobile home under this subsection is responsible to the mobile home park for any damage to the mobile home park that results from the removal of the mobile home.
(4) If the mobile home remains in the mobile home park for 30 days after the date the notice of intent sent pursuant to subsection (2)(b) is postmarked, all liens on the mobile home are extinguished and the owner of the mobile home park may do both of the following:
(a) Declare the mobile home abandoned.
(b) Apply to the secretary of state to obtain title to the mobile home.
(5) If the owner of a mobile home park applies for a title to the mobile home under this section, the owner of the mobile home park shall include with the application for a title an affidavit that includes all of the following statements:
(a) That the affiant is the licensed owner of the mobile home park in which the mobile home is located.
(b) That the title of the mobile home is being transferred to the licensed owner of the mobile home park in which the mobile home is located.
(c) That the mobile home park complied with all the requirements of this section.
(6) Within 30 days after receipt of a title application and the affidavit described under subsection (5), the secretary of state shall issue title of the mobile home to the owner of the mobile home park.
(7) If there is evidence of a United States Postal Service mail return receipt showing proof of delivery of the notice described under subsection (2) from each lienholder required to be notified under this section, a title to a mobile home issued by the secretary of state under this section transfers title of the mobile home to the owner of the mobile home park free of all liens.
(8) If the owner of the mobile home park in which the mobile home is located cannot find the title to or locate the vehicle identification number of the mobile home, the owner of the mobile home park shall prepare an affidavit that states that the owner of the mobile home park inspected the mobile home but could not find the title to or locate the vehicle identification number of the mobile home. The owner of the mobile home park shall send the affidavit described under this subsection to the secretary of state. The secretary of state shall, within 30 days after the receipt of the affidavit described under this subsection, issue a new title of the mobile home that contains the vehicle identification number of the mobile home.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 4887 (request no. 03259'23).
(b) Senate Bill No.____ or House Bill No. 4888 (request no. 03260'23).
(c) Senate Bill No.____ or House Bill No. 4889 (request no. 03261'23).
