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27-14-1604. Issuance of new title in the event of severance — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-1604. Issuance of new title in the event of severance — Definitions.
(a) As used in this section:
(1) “Lender applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is a lender that holds a lien, security interest, or encumbrance against the manufactured home or mobile home for which a title has been cancelled under § 27-14-1603; and
(2) “Owner applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is the owner or purchaser of the manufactured home or mobile home.
(b) The Department of Finance and Administration shall issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed upon receipt of the following from a lender applicant or an owner applicant:
(1) A completed application for title accompanied by payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00);
(2) Proof of payment of the current year's property taxes, if any;
(3) The following information:
(A) A statement from:
(i) The owner applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home; or
(ii) The lender applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home other than that of the lender applicant; and
(B) A statement from an attorney licensed to practice law in Arkansas or a title insurance agent licensed in Arkansas that the manufactured home or mobile home is free and clear of, or has been released from, all recorded liens, security interests, or encumbrances other than tha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-1604
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:27-14-1604
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8cf87f4a21d6d4a08b7afc1bce2f33f19a50a34e06dd14054f44ebe7713be7dd
Source location: content.xml paragraph 3349
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27-14-1604. Issuance of new title in the event of severance — Definitions.
(a) As used in this section:
(1) “Lender applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is a lender that holds a lien, security interest, or encumbrance against the manufactured home or mobile home for which a title has been cancelled under § 27-14-1603; and
(2) “Owner applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is the owner or purchaser of the manufactured home or mobile home.
(b) The Department of Finance and Administration shall issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed upon receipt of the following from a lender applicant or an owner applicant:
(1) A completed application for title accompanied by payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00);
(2) Proof of payment of the current year's property taxes, if any;
(3) The following information:
(A) A statement from:
(i) The owner applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home; or
(ii) The lender applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home other than that of the lender applicant; and
(B) A statement from an attorney licensed to practice law in Arkansas or a title insurance agent licensed in Arkansas that the manufactured home or mobile home is free and clear of, or has been released from, all recorded liens, security interests, or encumbrances other than that of a lender applicant;
(4)(A) A copy of an affidavit of severance to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home was affixed.
(B) The affidavit of severance shall include the name, residence, and mailing address of the applicant and a description of the manufactured home or mobile home, including without limitation the name of the manufacturer, make, model name, model year, dimensions, and the manufacturer's serial number of the manufactured home or mobile home; and
(5) Relevant supporting documents and recording information concerning a lien, security interest, or encumbrance upon the manufactured home or mobile home if requested by the department.
(c) The department shall record the lien of a lender applicant on the certificate of title to be issued under this section upon receipt of a copy of the instrument creating and evidencing the lien as required under § 27-14-802.
(d) The department shall also issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed if the applicant:
(1) Presents a court order directing the department to issue a new title and submits an application for issuance of a new certificate of title or manufacturer's certificate of origin and a copy of an affidavit of severance 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 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.
(e) The Secretary of the Department of Finance and Administration may promulgate rules to implement and 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
27-14-1603. 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. The source passage cites 27-14-1603. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-802. Application and documents.
(a) There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which instrument is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the vehicle.
(b) If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
(1) If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within thirty (30) days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
(2) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
(A) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder’s security interest continues perfected in this state;
(B) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and also thereafter if, within the four-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four-month period. In that case, perfection dates from the time of perfection in this state;
(3)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-802
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 27-14-802. This identifies an authority to review, not proof of applicability.