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27-14-1603. Cancellation of title.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-1603. Cancellation of title.
(a) If a manufactured home or a mobile home is to be affixed to real estate, the manufacturer's certificate of origin or the original document of title may be surrendered to the Department of Finance and Administration for cancellation.
(b) The department shall cancel a certificate of origin or the original document of title to a manufactured home or mobile home upon receipt of:
(1) The original manufacturer's certificate of origin or the original document of title showing an assignment of the manufactured home or mobile home to the party that will affix the manufactured home or mobile home to the real estate;
(2) An application for cancellation of the manufacturer's certificate of origin or the original document of title; and
(3)(A) A copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
(B) The affidavit of affixation shall include:
(i) The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home or mobile home;
(ii) A statement that the party executing the affidavit of affixation is:
(a) The owner of the real estate described in the affidavit of affixation; or
(b) Authorized by the owner of the real estate described in the affidavit to execute the affidavit of affixation on the owner's behalf;
(iii) The street address and the legal description of the real estate to which the manufactured home or mobile home is or shall be permanently affixed; and
(iv) One (1) of the following statements and applicable information:
(a) If the manufactured home or mobile home is subject to a security interest or lien:
(1) The name and address of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-1603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-14-1603
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d72f4d3bf569c9882540ab305d9ce155187ac7aa5de89cc380ecf70779fe9f11
Source location: content.xml paragraph 3320
Stored source content
27-14-1603. Cancellation of title.
(a) If a manufactured home or a mobile home is to be affixed to real estate, the manufacturer's certificate of origin or the original document of title may be surrendered to the Department of Finance and Administration for cancellation.
(b) The department shall cancel a certificate of origin or the original document of title to a manufactured home or mobile home upon receipt of:
(1) The original manufacturer's certificate of origin or the original document of title showing an assignment of the manufactured home or mobile home to the party that will affix the manufactured home or mobile home to the real estate;
(2) An application for cancellation of the manufacturer's certificate of origin or the original document of title; and
(3)(A) A copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
(B) The affidavit of affixation shall include:
(i) The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home or mobile home;
(ii) A statement that the party executing the affidavit of affixation is:
(a) The owner of the real estate described in the affidavit of affixation; or
(b) Authorized by the owner of the real estate described in the affidavit to execute the affidavit of affixation on the owner's behalf;
(iii) The street address and the legal description of the real estate to which the manufactured home or mobile home is or shall be permanently affixed; and
(iv) One (1) of the following statements and applicable information:
(a) If the manufactured home or mobile home is subject to a security interest or lien:
(1) The name and address of each party holding a security interest or lien whether shown on a certificate of title issued by the department or otherwise perfected;
(2) The original principal amount secured by each security interest or lien; and
(3) A statement that each security interest or lien shall be released that attaches proof of the commitment to release the security interest or lien executed by the holder of the security interest or lien; or
(b) A statement that if a security interest or lien on the manufactured home or mobile home previously existed, the security interest or lien has been released that attaches proof of the release executed by the holder of the security interest or lien.
(c) The department shall also cancel an existing title or manufacturer's certificate of origin to any manufactured home or mobile home to be affixed to real estate if the owner affixing the home:
(1) Presents a court order directing the department to issue a title for cancellation, an application for cancellation of title or manufacturer's certificate of origin, and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or
(2) Follows the bonded title procedure of this state under § 27-14-409(c) and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
(d) The Secretary of the Department of Finance and Administration may promulgate rules to administer this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-402. Instruments to be recorded.
(a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of or writing concerning any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.
(b)(1) To be accepted by the county recorder for recording purposes, all documents shall:
(A) Be on eight and one-half by eleven inch (8½"x11") paper;
(B) Have a two and one-half inch (2.5") margin at the right top of the first page, one-half inch (0.5") margin on the sides and bottoms of all pages, and a two and one-half inch (2.5") margin at the bottom of the last page;
(C) Have an area reserved on the top right of the first page for the file mark of the recorder;
(D) Contain the following information:
(i) The title of the document; and
(ii) The name of the grantor and grantee, when applicable;
(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and
(F) Be legible.
(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for:
(i) Good cause; and
(ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.
(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.
(3) A county recorder shall not refuse to record a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-15-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-409. Processing of applications.
(a) The Office of Motor Vehicle shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle, for a certificate of title therefor, and of any other application lawfully made to the office.
(b) The office may, in all cases, make investigation as may be deemed necessary or require additional information and shall reject any such application if not satisfied of the genuineness, regularity, or legality thereof, or of the truth of any statement contained therein, when authorized by law.
(c)(1) If the office is not satisfied as to the ownership of a vehicle or that there are no undisclosed security interests in it, the office may accept the application, but shall, as a condition of issuing a certificate of title, require the applicant to file with the office a bond in the form prescribed by the office.
(2) The bond shall be in an amount equal to one and one-half (1 1/2) times the value of the vehicle, as determined by the office.
(3)(A) The bond shall be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle, or person acquiring any security interest in it, and their respective successors in interest, heirs, or assigns against any expense, loss, or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle.
(B) Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond.
(4) The bond, and any deposit accompanying it, shall be returned at the end of three (3) years, unless the office has been notified of the pendency of an act
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-409
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-409. This identifies an authority to review, not proof of applicability.