Mo. Rev. Stat. ch. 700

Mo. Rev. Stat. ch. 700
in effect

Mo. Rev. Stat. § 700.010 Definitions.

700.010. Definitions. — As used in sections 700.010 to 700.500 , for the purpose of sections 700.010 to 700.500 , the following terms mean: (1) "Authorized representative" , any person, firm or corporation, or employee thereof, approved or hired by the commission to perform inspection services; (2) "Code" , the standards relating to manufactured homes, or modular units as adopted by the commission. The commission, in its discretion, may incorporate, in whole or in part, the standards codes promulgated by the American National Standards Institute, the United States Department of Housing and Urban Development or other recognized agencies or organizations; (3) "Commission" , the public service commission; (4) "Dealer" , any person, other than a manufacturer, who sells or offers for sale four or more used homes or one or more new manufactured homes, or one or more new modular units in any consecutive twelve-month period; (5) "Installer" , an individual who is licensed by the commission to install manufactured homes under sections 700.650 to 700.692 ; (6) "Manufactured home" , structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code; (7) "Manufacturer" , any person who manufactures manufactured homes, or modular units, including persons who engage in importing manufactured homes, or modular units for resale; (8) "Modular unit" , a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty square feet used temporarily and exclusively for construction site office purposes; (9) "New" , being sold or offered for sale to the first purchaser for purposes other than resale; (10) "Person" , an individual, partnership, corporation or other legal entity; (11) "Premises" , a lot, plot, or parcel of land including the buildings, structures, and manufactured homes thereon; (12) "Recreational park trailer" , a recreational park trailer as defined in the American National Standards Institute (ANSI) A119.5 Standard on Recreational Park Trailers. A recreational park trailer is not a recreational vehicle; (13) "Recreational vehicle" , a recreational vehicle as defined in the American National Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles; (14) "Seal" , a device, label or insignia issued by the public service commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home, or modular unit to evidence compliance with the code; (15) "Setup" , the operations performed at the occupancy site which renders a manufactured home or modular unit fit for habitation, which operations include, but are not limited to, moving, blocking, leveling, supporting, and assembling multiple or expandable units. (L. 1973 H.B. 98 §§ 2, 3, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1984 S.B. 666 merged with H.B. 1477, A.L. 1994 S.B. 589, A.L. 1999 S.B. 19, A.L. 2008 S.B. 788, A.L. 2010 S.B. 630) Effective 3-01-11 (1991) Where community center terminated a contract with a Nebraska manufacturer of prefabricated modular housing for the design and construction of a new drug and alcohol facility, the contract was unenforceable under Missouri law because manufacturer's duties under contract involved practice of architecture and professional engineering and manufacturer lacked licensing as required by Missouri law. Kansas City Community Center v. Heritage Industries, Inc., 773 S.W.2d 241 (Mo. en banc).

Mo. Rev. Stat. § 700.015 Code compliance required, when - seal required - exemptions from code ...

700.015. Code compliance required, when — seal required — exemptions from code requirements for sale of new recreational vehicles and park trailers. — 1. No person shall rent, lease, sell or offer for sale any new manufactured home manufactured after January 1, 1974, unless such manufactured home complies with the code and bears the proper seal. 2. No person shall manufacture in this state any manufactured home or modular unit for rent, lease or sale within the state which does not bear a seal evidencing compliance with the code. 3. Unless otherwise required by federal law or regulations, nothing in sections 700.010 to 700.115 shall apply to a manufactured home or modular unit being built expressly for export and sold for use solely outside this state. 4. No person shall offer for rent, lease or sale a new modular unit or a unit used for educational purposes manufactured after January 1, 1974, unless such modular unit complies with the code and bears a seal issued by the commission evidencing compliance with the code. 5. No manufacturer shall sell or offer for sale within this state: (1) Any new recreational vehicle that is not manufactured in compliance with the American National Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles; or (2) Any new recreational park trailer that is not manufactured in compliance with the American National Standards Institute (ANSI) A119.5 Standard on Recreational Park Trailers. (L. 1973 H.B. 98 §§ 2, 3, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1994 S.B. 589, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

Mo. Rev. Stat. § 700.021 Seals issued to persons, when - manufacturer to certify that unit meets code.

700.021. Seals issued to persons, when — manufacturer to certify that unit meets code. — Seals may be issued by the commission when applied for with an affidavit certifying that the person applying will not attach a seal to any manufactured home or modular unit that does not meet or exceed the code. Any registered dealer who has acquired a preowned manufactured home or modular unit without a seal may apply for a seal with an affidavit certifying that the preowned manufactured home or modular unit was brought up to or otherwise meets the requirements of the code. No person may manufacture in this state any manufactured home or modular unit unless it bears a seal and certification certifying that the manufactured home or modular unit meets or exceeds the code. The certificate as to each manufactured home or modular unit shall be displayed in a manner to be prescribed by the commission. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

Mo. Rev. Stat. § 700.025 Alteration of unit with seal, prohibited when.

700.025. Alteration of unit with seal, prohibited when. — No dealer, manufacturer or their representative shall alter or cause to be altered any new manufactured home or modular unit or used modular unit used for educational purposes to which a seal has been affixed, if such alteration or conversion causes the manufactured home or modular unit to be in violation of the code. (L. 1973 H.B. 98 § 5, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

Mo. Rev. Stat. § 700.030 Reciprocal recognition of seals, when.

700.030. Reciprocal recognition of seals, when. — Upon showing by a registered manufacturer or dealer that another state provides for the sealing of manufactured homes or modular units in compliance with standards which are at least equal to those provided in the code and upon determination by the commission that such standards are being adequately enforced, the commission shall provide that a seal affixed under the authority of such state shall have the same effect as a seal affixed under authority of this state. The commission may make any such approval contingent upon such other state granting reciprocal effect to seals affixed under authority of this state and shall maintain a list of such states which shall be available on request. (L. 1973 H.B. 98 § 6, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

Mo. Rev. Stat. § 700.035 Unit bearing seal not required to comply with certain other codes - special ...

700.035. Unit bearing seal not required to comply with certain other codes — special provisions for recreational vehicles and park trailers. — 1. If a manufactured home or modular unit carries a seal as provided in sections 700.010 to 700.115 , no agency of this state, nor any municipality or other local governmental body shall require such manufactured home or modular unit to comply with any other building, plumbing, heating or electrical code other than the code established by sections 700.010 to 700.115 . 2. No agency of this state, nor any municipality or other local governmental body shall: (1) Require a recreational vehicle or recreational park trailer to comply with any building, plumbing, heating or electrical code other than those established by the respective American National Standard Institute (ANSI) A119.2 standard or A119.5 standard; or (2) Institute any recreational vehicle or recreational park trailer inspection program to determine such vehicle's compliance with the applicable ANSI A119.2 or A119.5 standard. (L. 1973 H.B. 98 § 7, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

Mo. Rev. Stat. § 700.040 Duties and powers of commission - manufactured housing fund created, ...

700.040. Duties and powers of commission — manufactured housing fund created, purpose — rules, procedure. — 1. The commission shall, through its own inspection service or through a public or private inspection service acting as its authorized representative, perform sufficient inspections of manufacturing and dealer premises and manufactured homes and modular units to ensure that the provisions of the code are being observed. The commission shall approve any designation of a public or private inspection service as an authorized representative. The commission shall establish a comprehensive inspection system, including a determination of the extent to which its own inspectors or authorized representatives are used. The inspections may include examination of all books, records, performance and technical data of a manufacturer related to the subject matter of sections 700.010 to 700.115 . 2. The commission shall establish reasonable fees for seals or inspection, or both, which are sufficient to cover all costs incurred in the administration of sections 700.010 to 700.115 . Fees for inspections made by private inspection services may be paid directly to the inspection service. The commission, upon issuing seals, registration certificates, and plan approvals, and conducting inspections provided for in sections 700.010 to 700.115 , shall notify the director of revenue, who shall receive the fees and immediately deposit the same in the state treasury to the credit of a fund to be known as the "Manufactured Housing Fund". All salaries and expenses for the implementation of sections 700.010 to 700.115 shall be appropriated and paid from such fund. 3. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding year. 4. The commission may appoint such employees within its department as it may deem necessary for the administration of the provisions of sections 700.010 to 700.115 . 5. The commission may issue and promulgate such rules and regulations as necessary to make effective the code and the provisions of sections 700.010 to 700.115 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is promulgated under the authority delegated in sections 700.010 to 700.115 shall become effective only if they have been promulgated pursuant to the provisions of chapter 536 . All rulemaking authority delegated prior to August 28, 1999, is of no force and effect; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with the provisions of chapter 536 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void. 6. The commission may remove seals from any manufactured home or modular unit made by any manufacturer in violation of the provisions of section 700.045 . 7. Notwithstanding any other provisions of sections 700.010 to 700.115 , the commission shall have the authority to enter into any contract or agreement necessary to comply with the statutes and regulations enforced by and under the authority of the United States Department of Housing and Urban Development relating to manufactured homes and modular housing. 8. The commission may require manufacturers and dealers to file reports with the Secretary of the United States Department of Housing and Urban Development as may be required under the provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.). (L. 1973 H.B. 98 § 8, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1984 S.B. 666, A.L. 1989 H.B. 870 merged with S.B. 278, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B. 19)

Mo. Rev. Stat. § 700.041 Manufactured housing consumer recovery fund established, use of moneys.

700.041. Manufactured housing consumer recovery fund established, use of moneys. — 1. There is hereby established a fund in the state treasury to be known as the "Manufactured Housing Consumer Recovery Fund" for the purpose of paying consumer claims under procedures the commission may promulgate by rule. The public service commission shall administer the manufactured housing consumer recovery fund and all moneys in the fund shall be used solely as prescribed in this section. Any interest earned from the investment of moneys in the fund shall be credited to the fund. 2. Claims approved by the commission under law may be paid from the fund subject to appropriation. No claims shall be considered by the commission until all other legal remedies have been exhausted. The commission shall establish an advisory committee to assist with the evaluation of all claims filed by consumers. The committee members shall be volunteers and serve without compensation. 3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the manufactured housing consumer recovery fund shall not be transferred to the credit of the general revenue fund at the end of the biennium; however, the total amount in the manufactured housing consumer recovery fund shall not exceed thirty-two percent of the amount of the annual appropriation of the manufactured housing fund from the preceding fiscal year. Moneys in the manufactured housing consumer recovery fund may be transferred back to the manufactured housing fund by appropriation. (L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.045 Certain acts declared misdemeanors.

700.045. Certain acts declared misdemeanors. — It shall be a misdemeanor: (1) For a manufacturer or dealer to manufacture, rent, lease, sell or offer to sell any manufactured home or modular unit after January 1, 1977, unless there is in effect a registration with the commission; (2) To rent, lease, sell or offer to sell any new manufactured home or new modular unit or used modular unit used for educational purposes manufactured after January 1, 1974, which does not bear a seal as required by sections 700.010 to 700.115 ; (3) To affix a seal or cause a seal to be affixed to any manufactured home or modular unit which does not comply with the code; (4) To alter a manufactured home or modular unit in a manner prohibited by the provisions of sections 700.010 to 700.115 ; (5) To fail to correct within a reasonable time not to exceed ninety days after being ordered to do so in writing by an authorized representative of the commission a code violation in a new manufactured home or new modular unit or used modular unit used for educational purposes owned, manufactured or sold if the same is manufactured after January 1, 1974. Reasonable and necessary extensions may be granted by the commission; or (6) To interfere with, obstruct, or hinder any authorized representative of the commission in the performance of his or her duties. (L. 1973 H.B. 98 § 9, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1994 S.B. 589, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.050 Issuance of seals to manufacturer suspended, when - removal of attached ...

700.050. Issuance of seals to manufacturer suspended, when — removal of attached seal, when. — The issuance of seals to any manufacturer in violation of the provisions of sections 700.010 to 700.115 may be suspended by the commission and no further seals shall be issued to any such manufacturer except upon proof satisfactory to the commission that the conditions which brought about the violation have been remedied. Seals remain the property of the state and may be removed by the commission from any new manufactured home or new modular unit or used modular unit used for educational purposes which is in violation of the code. (L. 1973 H.B. 98 § 9, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317)

Mo. Rev. Stat. § 700.055 Serial numbers required when, form.

700.055. Serial numbers required when, form. — From and after January 1, 1974, the manufacturer shall cause a serial number to be stamped on the front cross member of the left-hand side so that it may be easily read. It may not contain more than fifteen digits. Any multiple units shall contain the same serial number with letters of the alphabet designating that each is a different separate unit. Starting with "A" each additional unit shall be in alphabetical order. The letters shall be stamped at the end of the numbers. (L. 1973 H.B. 98 § 10, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739)

Mo. Rev. Stat. § 700.056 Dealer to provide buyer certain information.

700.056. Dealer to provide buyer certain information. — Every dealer of a new manufactured home offered for sale in this state shall at the time of sale provide the purchaser with a bill of sale or the purchase agreement containing at least the following: the total price of the unit, serial number if available, if not, the manufacturer name and model number of the unit, and its contents, any waivers, a list of all furniture and appliances in the manufactured home, any other costs which will be assessed to the purchaser by the dealer such as transportation, handling, or such other costs, and the sales tax payable for such manufactured home. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.060 Units covered by sections 700.060 to 700.115.

700.060. Units covered by sections 700.060 to 700.115. — As used in sections 700.060 to 700.115 , the term "manufactured home" shall also include units defined in section 700.010 if such units are in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing and includes two manufactured home units joined into a single residential or business unit which are kept on separate chassis for repeated towing. For the purposes of sections 700.060 to 700.115 , a "manufactured home" shall not include a recreational vehicle or a recreational park trailer. (L. 1973 H.B. 98 § 11, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19)

Mo. Rev. Stat. § 700.065 Manufactured homes to be anchored.

700.065. Manufactured homes to be anchored. — All new manufactured homes located in this state shall be anchored and tied down in accordance with the standards promulgated by the commission pursuant to the provisions of sections 700.010 to 700.115 and 700.650 to 700.692 . (L. 1973 H.B. 98 § 12, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.076 Owner to anchor manufactured home, how, when - commission may promulgate ...

700.076. Owner to anchor manufactured home, how, when — commission may promulgate rules — insurers to insure, when, must pay, when — suit against persons anchoring or tying down manufactured home, damages, equitable relief. — 1. The owner of a manufactured home shall secure the manufactured home to the ground by the use of anchors and tiedowns so as to resist wind overturning and sliding. However, nothing herein shall be construed as requiring that anchors and tiedowns be installed to secure manufactured homes which are permanently attached to a permanent structure. A permanent structure shall have a foundation and such other structural elements as assure the rigidity and stability of the manufactured home. 2. The commission shall have authority to promulgate regulations relating to manufactured home or modular unit tiedowns or anchors setting minimum standards for both the manufacture and installation of tiedowns and anchors. 3. (1) Persons licensed in this state to engage in the business of insuring manufactured homes that are subject to the provisions of this section against damage from windstorm shall issue such insurance only if the manufactured home has been anchored and tied down in accordance with the provisions of this section. (2) In the event that a manufactured home is insured against damage caused by windstorm and subsequently sustains windstorm damage of a nature that indicates that the manufactured home was not anchored or tied down in the manner required by this section, the person issuing the policy shall not be relieved from meeting the obligations specified in the insurance policy with respect to such damage on the basis that the manufactured home was not properly anchored or tied down. 4. Whenever a person who engages in the business of installing anchors, tiedowns, or over-the-roof ties or who engages in the business of manufacturing such devices for use in this state does so in a manner not in accordance with the minimum standards set forth by the commission, a person aggrieved thereby may bring an action in the appropriate court for actual damages and attorney's fees. In addition, the court may provide appropriate equitable relief including the enjoining of a violator from engaging in further violations. Whenever it is established to the satisfaction of the court that a willful violation has occurred, the court shall award punitive damages to the aggrieved party. 5. Any violation of the provisions of this section shall constitute a violation of the provisions of section 407.020 . (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)

Mo. Rev. Stat. § 700.080 Letter of approval required for anchoring and tiedown systems - display and ...

700.080. Letter of approval required for anchoring and tiedown systems — display and copy requirements. — The commission shall approve or have approved, prior to being sold, being offered for sale or being installed, any anchor or tiedown system designed and intended for manufactured homes. Before any such system shall be sold, offered for sale, or installed, a letter of approval from the commission or its authorized agent approving the particular system or complying with the Missouri standards shall be prominently displayed at each place of business selling, offering for sale, or installing such system, and a copy shall be furnished each person purchasing the anchor or tiedown system. (L. 1973 H.B. 98 § 15, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)

Mo. Rev. Stat. § 700.085 Certain units exempt from sections 700.060 to 700.085, when.

700.085. Certain units exempt from sections 700.060 to 700.085, when. — The provisions of sections 700.060 to 700.085 do not apply to any manufactured home unit being offered for sale and parked temporarily on the sales lot of any person, firm, or corporation regularly selling or offering for sale manufactured homes as part of his or its usual business operations. (L. 1973 H.B. 98 § 16, A.L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)

Mo. Rev. Stat. § 700.090 Manufacturers and dealers to register - commission to issue certificate, ...

700.090. Manufacturers and dealers to register — commission to issue certificate, when — registration to be renewed, when, fee — renewals may be staggered. — 1. Every manufacturer or dealer who sells or offers for sale, on consignment or otherwise, a manufactured home or modular unit from or in the state of Missouri shall register with the commission each place of business at which the manufacturer or dealer sells or offers for sale a manufactured home or modular unit. 2. The commission shall issue a certificate of registration to a manufacturer who: (1) Completes and files with the commission an application for registration which contains the following information: (a) The name of the manufacturer; (b) The address of the manufacturer and addresses of each factory owned or operated by the manufacturer, if different from the address of the manufacturer; (c) If a corporation, the state of original incorporation, a list of the names and addresses of all officers and directors of the corporation, and proof of the filing of all franchise and sales tax forms required by Missouri law; (d) If not a corporation, the name and address of the managing person or persons responsible for overall operation of the manufacturer; (2) Files with the commission an initial registration fee of seven hundred fifty dollars in the form of a cashier's check or money order made payable to the state of Missouri. 3. The commission shall issue a certificate of registration to a dealer who: (1) Completes and files with the commission an application for registration which contains the following information: (a) The name of the dealer; (b) The business address of the dealer and addresses of each separate facility owned and operated by the dealer from which manufactured homes or modular units are offered for sale if different from the business address of the dealer; (c) If a corporation, the state of original incorporation, a list of the names and addresses of all officers and directors of the corporation, proof of the filing of all franchise and sales tax forms required by Missouri law; (d) If not a corporation, the name and address of the managing person or persons responsible for the overall operations of the manufacturer; (2) Files with the commission an initial registration fee of two hundred dollars in the form of a cashier's check or money order made payable to the state of Missouri; (3) Files with the commission proof of compliance with the provisions of section 301.280 . 4. The registration of any manufacturer or dealer shall be effective for a period of one year and shall be renewed by the commission upon receipt by it from the registered dealer of a renewal fee of seven hundred fifty dollars for manufacturers and two hundred dollars for dealers and a form provided by the commission upon which shall be placed any changes from the information requested on the initial registration form. 5. The commission may stagger the renewal of certificates of registration to provide for more equal distribution over the twelve months of the number of registration renewals. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.095 Registration and renewal requirements, application contents - fee.

700.095. Registration and renewal requirements, application contents — fee. — 1. Every dealer shall, on or before January fifteenth of each year, make application for registration or renewal and shall be required to maintain a bona fide established place of business and maintain a permanent enclosed building or structure, either owned in fee or leased and actually occupied as a place of business by the applicant for the selling, bartering, trading, or exchanging of manufactured homes or modular units where the public may contact the owner or operator at any reasonable time and where the books, records, files, and other matter required and necessary to conduct the business shall be kept and maintained. 2. The application shall contain the business address, not a post office box address, and telephone number of the place where the books, records, files, and other matters required and necessary to conduct the business are located and where the same may be inspected during normal daytime business hours. 3. Each application shall contain such additional information as may be required by the commission to enable it to determine whether the applicant is a bona fide dealer in fact and is of good moral character. 4. Upon the payment of a registration or * renewal fee of two hundred dollars, there shall be assigned to each dealer a certificate of registration in such form as the commission shall prescribe. (L. 2008 S.B. 788) *Word "of" appears in original rolls.

Mo. Rev. Stat. § 700.096 Monthly reports required - inspection of certain records authorized - law ...

700.096. Monthly reports required — inspection of certain records authorized — law enforcement official defined. — 1. Each person registered as a dealer under the provisions of sections 700.010 to 700.115 shall file monthly reports with the commission, and such reports shall be in the form and manner and contain the information required by the commission by rules promulgated under chapter 536 , and shall permit an employee of the commission or any law enforcement official to inspect during normal business hours any of the following documents which are in his or her possession or under his or her control: (1) Any manufacturer's invoice, certificate of origin, statement of origin, or title to any manufactured home or modular unit; (2) Any application for title to any manufactured home; (3) Any affidavit provided under chapter 301 or chapter 407 ; (4) Any assignment of title to any manufactured home; (5) Any disclosure statement or other document required by the laws of the United States or any other state. 2. For purposes of this section, the term "law enforcement official" means any of the following: (1) The attorney general, or any person designated by him or her to make such an inspection; (2) Any prosecuting attorney or any person designated by a prosecuting attorney to make such an inspection; (3) Any member of the highway patrol; (4) Any sheriff or deputy sheriff; (5) Any peace officer certified under chapter 590 acting in his or her official capacity. (L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.097 Registration not required, when.

700.097. Registration not required, when. — No insurance company, finance company, bank, or trust company shall be required to register with the commission in order to sell any manufactured home or modular unit repossessed or purchased by the company on the basis of total destruction or theft thereof when the sale of the manufactured home or modular unit is in conformance with applicable title and registration laws of this state. (L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.098 Sanctioning of registration, when.

700.098. Sanctioning of registration, when. — 1. The commission may refuse to register an applicant as a dealer, or may suspend the registration of an existing dealer from one day to thirty days, or revoke the registration of a dealer after a written notice and a hearing when the commission is satisfied that the applicant or dealer has failed to comply with the provisions set out in sections 700.010 to 700.115 . Notification of unfavorable action by the commission on any application for registration or renewal of registration shall be accompanied by a notice informing the recipient that the decision of the director may be appealed as provided in chapter 386 . 2. It shall be unlawful for any person to hold forth or act as a dealer who is not currently registered as a dealer by the commission as required by sections 700.010 to 700.115 . (L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.100 Refusal to renew, grounds, notification to applicant, contents - complaints ...

700.100. Refusal to renew, grounds, notification to applicant, contents — complaints may be considered. — 1. The commission may refuse to register or refuse to renew the registration of any person who fails to comply with the provisions of sections 700.010 to 700.115 . Notification of unfavorable action by the commission on any application for registration or renewal of registration must be delivered to the applicant within thirty days from date it is received by the commission. Notification of unfavorable action by the commission on any application for registration or renewal of registration must be accompanied by a notice informing the recipient that the decision of the commission may be appealed as provided in chapter 386 . 2. The commission may consider a complaint filed with it charging a registered manufacturer or dealer with a violation of the provisions of this section, which charges, if proven, shall constitute grounds for revocation or suspension of his or her registration, or the placing of the registered manufacturer or dealer on probation. 3. The following specifications shall constitute grounds for the suspension, revocation or placing on probation of a manufacturer's or dealer's registration: (1) If required, failure to comply with the provisions of section 301.280 ; (2) Failing to be in compliance with the provisions of section 700.090 ; (3) If a corporation, failing to file all franchise or sales tax forms required by Missouri law; (4) Engaging in any conduct which constitutes a violation of the provisions of section 407.020 ; (5) Failing to comply with the provisions of Sections 2301-2312 of Title 15 of the United States Code (Magnuson-Moss Warranty Act); (6) As a dealer, failing to arrange for the proper initial setup of any new manufactured home or modular unit sold from or in the state of Missouri, except as allowed under subsection 5 of section 700.656 ; the dealer shall receive a written waiver of that service from the purchaser or his or her authorized agent; (7) As a dealer, failing to obtain for each used manufactured home or used modular unit sold a written notice, signed and dated by the purchaser or the purchaser's agent that states: "The Missouri Public Service Commission does not regulate setup of used manufactured homes and used modular units sold by the dealer."; (8) Requiring any person to purchase any type of insurance from that manufacturer or dealer as a condition to his or her being sold any manufactured home or modular unit; (9) Requiring any person to arrange financing or utilize the services of any particular financing service as a condition to his or her being sold any manufactured home or modular unit; provided, however, the registered manufacturer or dealer may reserve the right to establish reasonable conditions for the approval of any financing source; (10) Engaging in conduct in violation of section 700.045 ; (11) Failing to comply with the provisions of section 301.210 ; (12) Failing to pay all necessary fees and assessments authorized pursuant to sections 700.010 to 700.115 . 4. The commission may order that any suspension, revocation, or probation ordered under subsection 3 of this section shall apply to all manufacturer's or dealer's registrations that are held by the same manufacturer or dealer or that are owned or controlled by the same person or persons if a continued and consistent pattern of the violations have been identified by the commission to be present with each registrant under the same control or ownership. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317, A.L. 2008 S.B. 788, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.111 Surrender of certificate of origin and certificate of title - confirmation ...

700.111. Surrender of certificate of origin and certificate of title — confirmation of conversion, when — rulemaking authority — 1. (1) The owner or owners of a manufactured home that is covered by a manufacturer's certificate of origin and that is permanently affixed to real estate as defined in subsection 1 of section 442.015 , or which the owner intends to permanently affix to real estate as defined in subsection 1 of section 442.015 , may surrender the manufacturer's certificate of origin to the manufactured home to the director of revenue by filing with the director of revenue, in the form prescribed by the director, an application for surrender of manufacturer's certificate of origin containing or accompanied by: (a) The name, residence, and mailing address of the owner; (b) A description of the manufactured home including 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 and whether it is new or used and any other information the director of revenue requires; (c) The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority; (d) A statement signed by the owner, stating either: a. Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or b. That no such facts or information are known to the owner; (e) A certified copy of the affidavit of affixation as provided in accordance with subsection 5 of section 442.015 ; (f) The original manufacturer's certificate of origin; (g) The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue; (h) The applicable fee for filing the application for surrender; and (i) Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015 , and is entitled to surrender the manufacturer's certificate of origin, and the existence or nonexistence of security interests in or liens on the manufactured home. (2) When satisfied of the genuineness and regularity of the surrender of a manufacturer's certificate of origin to a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director of revenue shall: (a) Cancel the manufacturer's certificate of origin and update the department's records in accordance with the provisions of section 700.320 ; and (b) Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of a manufacturer's certificate of origin under paragraph (g) of subdivision (1) of this subsection. (3) Upon satisfaction of the requirements of this subsection a manufactured home shall be conveyed and encumbered as provided in chapter 442 . If the application to surrender a manufacturer's certificate of origin is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded. (4) Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection. 2. (1) The owner or owners of a manufactured home that is covered by a certificate of title and that is permanently affixed to real estate in accordance with subsection 1 of section 442.015 , or which the owner intends to permanently affix to real estate in accordance with subsection 1 of section 442.015 , may surrender the certificate of title to the manufactured home to the director of revenue by filing with the director of revenue an application in the form prescribed by the director for surrender of title containing or accompanied by: (a) The name, residence, and mailing address of the owner; (b) A description of the manufactured home including 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 and whether it is new or used and any other information the director of revenue requires; (c) The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority; (d) A statement signed by the owner, stating either: a. Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or b. That no such facts or information are known to the owner; (e) A certified copy of the affidavit of affixation provided in accordance with subsection 5 of section 442.015 ; (f) The original certificate of title; (g) The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue; (h) The applicable fee for filing the application for surrender; and (i) Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015 , and is entitled to surrender the certificate of title and the existence or nonexistence of security interests in or liens on the manufactured home. (2) The director of revenue shall not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected under section 700.350 have been released. (3) When satisfied of the genuineness and regularity of the surrender of a certificate of title to a manufactured home and upon satisfaction of the requirements of subdivisions (1) and (2) of this subsection, the director of revenue shall: (a) Cancel the certificate of title and update the department's records in accordance with the provisions of section 700.320 ; and (b) Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of title under paragraph (g) of subdivision (1) of this subsection. (4) Upon satisfaction of the requirements of this subsection a manufactured home shall be conveyed and encumbered as provided in chapter 442 . If the application to surrender a certificate of title is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed, and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded. (5) Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection. 3. (1) The owner or owners of a manufactured home that is not covered by a manufacturer's certificate of origin or a certificate of title, or that is covered by a manufacturer's certificate of origin or a certificate of title which the owner of the manufactured home, after diligent search and inquiry, is unable to produce, and that is permanently affixed to real estate in accordance with subsection 1 of section 442.015 , or which the owner intends to permanently affix to real estate as defined in subsection 1 of section 442.015 , may apply to the director of revenue by filing with the director of revenue an application for confirmation of conversion containing or accompanied by: (a) The name, residence, and mailing address of the owner; (b) A description of the manufactured home including 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 and whether it is new or used and any other information the director of revenue requires; (c) The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority; (d) A statement signed by the owner, stating either: a. Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on it; or b. That no such facts or information are known to the owner; (e) A certified copy of the affidavit of affixation as provided in accordance with subsection 5 of section 442.015 ; (f) A declaration by an attorney-at-law, duly admitted to practice in the courts of the state of Missouri, or an agent of a title insurance company duly licensed to issue policies of title insurance in the state of Missouri, that the manufactured home is free and clear of, or has been released from, all recorded security interests, liens and encumbrances; and a. Any facts or information known to him or her that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or b. That no such facts or information are known to him or her; (g) The name and mailing address of each person wishing written acknowledgment of surrender from the director of revenue; (h) The applicable fee for filing the application for surrender; and (i) Any other information and documents the director of revenue reasonably requires to identify the owner of the manufactured home and to enable the director to determine whether the owner satisfied the requirements of subsection 6 of section 442.015 , and the existence or nonexistence of security interests in or liens on the manufactured home. (2) When satisfied of the genuineness and regularity of the application for confirmation of conversion of a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director of revenue shall: (a) Update the department's records in accordance with the provisions of section 700.320 ; and (b) Provide written acknowledgment of compliance with the provisions of this subsection to each person identified on the application for confirmation of conversion under paragraph (g) of subdivision (1) of this subsection. (3) Upon satisfaction of the requirements of this subsection, a manufactured home shall be conveyed and encumbered as provided in chapter 442 . If the application for confirmation of conversion of a manufactured home is delivered to the director of revenue within sixty days of recording the related affidavit of affixation with the recorder of deeds in the county in which the real estate to which the manufactured home is or shall be affixed and the application is thereafter accepted by the director of revenue, the requirements of this subsection shall be deemed satisfied as of the date the affidavit of affixation was recorded. (4) Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection. 4. (1) Notwithstanding any other provision of law, where a manufactured home has been permanently affixed to real estate and an affidavit of affixation has been recorded in the real estate records in the county in which the manufactured home is located in accordance with section 442.015 , and where the manufactured home subsequently is detached or severed from the real estate, the owner or owners of the manufactured home may apply for a new certificate of title by filing with the director of revenue an application for a certificate of title to a manufactured home, containing or accompanied by: (a) The name, residence, and mailing address of the owner; (b) A description of the manufactured home including 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 and whether it is new or used and any other information the director of revenue requires; (c) A statement signed by the applicant, stating either: a. Any facts or information known to the applicant that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or b. That no such facts or information are known to the applicant; (d) A certified copy of the affidavit of severance provided in accordance with section 442.015 ; (e) A declaration by an attorney-at-law, duly admitted to practice in the courts of the state of Missouri, or an agent of a title insurance company duly licensed to issue policies of title insurance in the state of Missouri, that the manufactured home is free and clear of, or has been released from, all recorded security interests, liens and encumbrances; and a. Any facts or information known to him or her that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on it; or b. That no such facts or information are known to him or her; (f) The applicable fee for filing the application; and (g) Any other information and documents the director of revenue reasonably requires to identify the manufactured home and to enable the director to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in or liens on the manufactured home. (2) When satisfied of the genuineness and regularity of the application for a certificate of title to a manufactured home and upon satisfaction of the requirements of subdivision (1) of this subsection, the director shall issue a new certificate of title and update the department's records in accordance with the provisions of section 700.320 . (3) Immediately upon satisfaction of the requirements of this subsection, a manufactured home shall be conveyed and encumbered as personal property. (4) Upon written request, the director of revenue shall provide written acknowledgment of compliance with the provisions of this subsection. 5. The department of revenue shall promulgate rules to implement the provisions of this section. The department of revenue shall also promulgate standard affidavit of affixation forms, affidavit of severance forms, and confirmation of conversion forms that comply with the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void. 6. The provisions of this section shall become effective no later than March 1, 2011. (L. 1991 H.B. 608, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.115 Violation of sections 700.010 to 700.115 constitutes violation of section ...

700.115. Violation of sections 700.010 to 700.115 constitutes violation of section 407.020 — violation of chapter, penalties — rules. — 1. Except as otherwise provided in subsections 2 and 3 of this section, a violation of the provisions of sections 700.010 to 700.115 shall constitute a violation of the provisions of section 407.020 . In addition to the authority vested in the attorney general to enforce the provisions of that section, he may petition the court and the court may enter an order revoking the registration certificate of the defendant or defendants issued pursuant to the provisions of section 700.090 . 2. Notwithstanding any provisions of subsection 1 of this section to the contrary, whoever violates any provision of this chapter shall be liable to the state of Missouri for a civil penalty in an amount which shall not exceed one thousand dollars for each such violation. If, after a hearing, the commission finds that the person has violated any provision of this chapter, it may direct its general counsel to enforce the provisions of this section by filing a petition in circuit court for such civil penalties. Each violation of this chapter shall constitute a separate violation with respect to each manufactured home or modular unit or with respect to each failure or refusal to allow or perform an act required by this chapter; except that, the maximum civil penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation. 3. Any individual or director, officer, or agent of a corporation who knowingly and willfully violates any provision of sections 700.010 to 700.115 , in a manner which threatens the health or safety of any purchaser, shall, upon conviction therefor, be fined not more than one thousand dollars or imprisoned for not more than one year, or both. (L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1984 S.B. 666 merged with H.B. 1477, A.L. 1995 S.B. 3, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.320 Certificate of title, application procedure, fees - payment of sales tax ...

700.320. Certificate of title, application procedure, fees — payment of sales tax before issuance — purchase price, defined — certificates may be transferred, when, procedure — refusal to issue, when — affidavit of affixation, requirements — certificates, requirements. — 1. Except as provided in section 700.111 , the owner of any new or used manufactured home, as defined in section 700.010 , shall make application to the director of revenue for an official certificate of title to such manufactured home in the manner prescribed by law for the acquisition of certificates of title to motor vehicles, and the rules promulgated pursuant thereto. All fees required by section 301.190 for the titling of motor vehicles and all penalties provided by law for the failure to title motor vehicles shall apply to persons required to make application for an official certificate of title by this subsection. In case there is any duplication in serial numbers assigned any manufactured homes, or no serial number has been assigned by the manufacturer, the director shall assign the serial numbers for the manufactured homes involved. 2. At the time the owner of any new manufactured home, as defined in section 700.010 , which was acquired in a transaction subject to sales tax under the Missouri sales tax law makes application to the director of revenue for an official certificate of title for such manufactured home, he shall present to the director of revenue evidence satisfactory to the director of revenue showing the purchase price exclusive of any charge incident to the extension of credit paid by or charged to the applicant in the acquisition of the manufactured home, or that no sales tax was incurred in its acquisition, and if sales tax was incurred in its acquisition, the applicant shall pay or cause to be paid to the director of revenue the sales tax provided by the Missouri sales tax law in addition to the registration fees now or hereafter required according to law, and the director of revenue shall not issue a certificate of title for any new manufactured home subject to sales tax as provided in the Missouri sales tax law until the tax levied for the sale of the same under sections 144.010 to 144.510 has been paid as provided in this section, but except as provided in subsection 2 of section 700.111 , the director of revenue shall not suspend or revoke a certificate of title to a manufactured home by reason of the fact that at any time it shall become affixed in any manner to real estate. As used in this subsection, the term "purchase price" shall mean the total amount of the contract price agreed upon between the seller and the applicant in the acquisition of the new manufactured home regardless of the medium of payment therefor. In the event that the purchase price is unknown or undisclosed, or that the evidence thereof is not satisfactory to the director of revenue, the same shall be fixed by appraisement by the director. The director of the department of revenue shall endorse upon the official certificate of title issued by him upon such application an entry showing that such sales tax has been paid or that the manufactured home represented by the certificate is exempt from sales tax and state the ground for such exemption. 3. A certificate of title for a manufactured home issued in the names of two or more persons that does not show on the face of the certificate that the persons hold their interest in the manufactured home as tenants in common, on death of one of the named persons, may be transferred to the surviving owner or owners. Except as provided in subsection 5 of this section, on proof of death of one of the persons in whose names the certificate was issued, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue shall issue a new certificate of title for the manufactured home to the surviving owner or owners; and the current valid certificate of number shall be so transferred. 4. A certificate of title for a manufactured home issued in the names of two or more persons that shows on its face that the persons hold their interest in the manufactured home as tenants in common, on death of one of the named persons, may be transferred by the director of revenue on application by the surviving owners and the personal representative or successors of the deceased owner. Except as provided in subsection 5 of this section, upon being presented proof of death of one of the persons in whose names the certificate of title was issued, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue shall issue a new certificate of title for the manufactured home to the surviving owners and personal representative or successors of the deceased owner; and the current valid certificate of number shall be so transferred. 5. The director of revenue shall not issue a certificate of title to a manufactured home with respect to which there has been recorded an affidavit of affixation under section 442.015 unless with respect to the same manufactured home there has been recorded an affidavit of severance under section 442.015 . 6. The director of revenue shall file, upon receipt, each affidavit of affixation and affidavit of severance relating to a manufactured home that is delivered in accordance with section 442.015 , when satisfied of its genuineness and regularity. 7. The director of revenue shall maintain a record of each affidavit of affixation and each affidavit of severance filed in accordance with subsection 6 of this section. The record shall state the name of each owner of the related manufactured home, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation or affidavit of severance under section 442.015 , and any other information the director of revenue prescribes. 8. The director of revenue shall file, upon receipt, each application for surrender of the manufacturer's certificate of origin relating to a manufactured home that is delivered in accordance with subsection 1 of section 700.111 , when satisfied of its genuineness and regularity. 9. The director of revenue shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with subsection 2 of section 700.111 , when satisfied of its genuineness and regularity. 10. The director of revenue shall file, upon receipt, each application for confirmation of conversion relating to a manufactured home that is delivered in accordance with subsection 3 of section 700.111 , when satisfied of its genuineness and regularity. 11. The director of revenue shall maintain a record of each manufacturer's certificate of origin accepted for surrender as provided in subsection 1 of section 700.111 . The record shall state the name of each owner of the manufactured home, the date the manufacturer's certificate of origin was accepted for surrender, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 442.015 , and any other information the director of revenue prescribes. 12. The director of revenue shall maintain a record of each manufactured home certificate of title accepted for surrender as provided in subsection 2 of section 700.111 . The record shall state the name of each owner of the manufactured home, the date the certificate of title was accepted for surrender, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 442.015 , and any other information the director of revenue prescribes. 13. The director of revenue shall maintain a record of each application for confirmation of conversion accepted as provided in subsection 3 of section 700.111 . The record shall state the name of each owner of the manufactured home, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 442.015 , and any other information the director of revenue prescribes. 14. The holder of a manufacturer's certificate of origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such manufacturer's certificate of origin so delivered holds it in trust for the person delivering it. 15. Notwithstanding any other provision of law, a certificate of title issued by the director of revenue to a manufactured home is prima facie evidence of the facts appearing on it, notwithstanding the fact that such manufactured home, at any time, shall have become affixed in any manner to real estate. 16. When an owner wants to add or delete a name or names on an application for certificate of title to a manufactured home that would cause it to be inconsistent with the name or names listed on the notice of lien, the owner shall provide the director with documentation evidencing the lienholder's authorization to add or delete a name or names on an application for certificate of title. (L. 1985 S.B. 152 § 700.120, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 269, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.350 Liens and encumbrances - valid, perfected, when, how - home subject to, ...

700.350. Liens and encumbrances — valid, perfected, when, how — home subject to, when, how determined — security procedures — validity of prior transactions. — 1. As used in sections 700.350 to 700.390 * , the term "manufactured home" shall have the same meaning given it in section 400.9-102 (a)(53). 2. Unless excepted by section 700.375 , a lien or encumbrance, including a security interest under article 9 of chapter 400 , on a manufactured home shall not be valid against subsequent transferees or lienholders of the manufactured home who took without knowledge of the lien or encumbrance unless the lien or encumbrance is perfected as provided in sections 700.350 to 700.380 . 3. A lien or encumbrance on a manufactured home is perfected by the delivery to the director of revenue of a notice of lien in a format as prescribed by the director of revenue. Such lien or encumbrance shall be perfected as of the time of its creation if the delivery of the notice of lien required in this subsection to the director of revenue is completed within thirty days thereafter, otherwise such lien or encumbrance shall be perfected as of the time of the delivery; provided, however, that a purchase money security interest in a manufactured home under article 9 of chapter 400 is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches; and further provided that the holder of a security interest in or a lien on a manufactured home may deliver lien release documents to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such documents so delivered holds the documents in trust for the security interest holder or the lienholder. A notice of lien shall contain the name and address of the owner of the manufactured home and the secured party, a description of the manufactured home, including any identification number and such other information as the department of revenue shall prescribe. A notice of lien substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading. 4. Notwithstanding the provisions of section 700.360 , on a refinance of a loan secured by a manufactured home, a lien is perfected by the delivery to the director of revenue of a notice of lien completed by the refinancing lender in a format prescribed by the director of revenue. 5. Liens may secure future advances. The future advances may be evidenced by one or more notes or other documents evidencing indebtedness and shall not be required to be executed or delivered prior to the date of the future advance lien securing them. The fact that a lien may secure future advances shall be clearly stated on the security agreement and noted as "subject to future advances" in the notice of lien and noted on the certificate of ownership if the motor vehicle or trailer is subject to only one lien. To secure future advances when an existing lien on a manufactured home does not secure future advances, the lienholder shall file a notice of lien reflecting the lien to secure future advances. A lien to secure future advances is perfected in the same time and manner as any other lien, except as follows: proof of the lien for future advances is maintained by the department of revenue; however, there shall be additional proof of such lien when the notice of lien reflects such lien for future advances, is receipted by the department of revenue, and returned to the lienholder. 6. Whether a manufactured home is subject to a lien or encumbrance shall be determined by the laws of the jurisdiction where the manufactured home was when the lien or encumbrance attached, subject to the following: (1) If the parties understood at the time the lien or encumbrances attached that the manufactured home would be kept in this state and it is brought into this state within thirty days thereafter for purposes other than transportation through this state, the validity and effect of the lien or encumbrance in this state shall be determined by the laws of this state; (2) If the lien or encumbrance was perfected under the laws of the jurisdiction where the manufactured home was when the lien or encumbrance attached, the following rules apply: (a) If the name of the lienholder is shown on an existing certificate of title or ownership issued by that jurisdiction, his lien or encumbrance continues perfected in this state; (b) If the name of the lienholder is not shown on an existing certificate of title or ownership issued by the jurisdiction, the lien or encumbrance continues perfected in this state for three months after the first certificate of title of the manufactured home is issued in this state, and also thereafter if, within the three-month period, it is perfected in this state. The lien or encumbrance may also be perfected in this state after the expiration of the three-month period, in which case perfection dates from the time of perfection in this state; (3) If the lien or encumbrance was not perfected under the laws of the jurisdiction where the manufactured home was when the lien or encumbrance attached, it may be perfected in this state, in which case perfection dates from the time of perfection in this state; (4) A lien or encumbrance may be perfected under paragraph (b) of subdivision (2) or subdivision (3) of this subsection in the same manner as provided in subsection 3 or 4 of this section or by the lienholder delivering to the director of revenue a notice of lien or encumbrance in the form the director prescribes and the required fee. 7. By rules and regulations, the director of revenue shall establish a security procedure for the purpose of verifying that an electronic notice of lien or notice of satisfaction of lien on a manufactured home given as permitted in this chapter is that of the lienholder, verifying that an electronic notice of confirmation of ownership and perfection of a lien given as required in this chapter is that of the director of revenue, and detecting error in the transmission or the content of such notice. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices. Comparison of a signature on a communication with an authorized specimen signature shall not by itself be a security procedure. 8. All transactions involving liens or encumbrances on manufactured homes perfected pursuant to sections 700.350 to 700.390 * after June 30, 2001, and before August 28, 2002, and the rights, duties, and interests flowing from them are and shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by section 400.9-303 . Section 400.9-303 and this section are remedial in nature and shall be given that construction. 9. Except as otherwise provided in section 442.015 , subsections 1 and 2 of section 700.111 , subsection 2 of section 700.360 , and subsection 2 of section 700.375 , after a certificate of title has been issued to a manufactured home and as long as the manufactured home is subject to any security interest perfected under this section, the department shall not file an affidavit of affixation, nor cancel the manufacturer's certificate of origin, nor revoke the certificate of title, and, in any event, the validity and priority of any security interest perfected under this section shall continue, notwithstanding the provision of any other law. (L. 1985 S.B. 152 § 700.150, A.L. 1989 H.B. 211, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2010 S.B. 630, A.L. 2011 H.B. 550) *Section 700.390 was repealed by H.B. 2008, 2002.

Mo. Rev. Stat. § 700.355 Certificates of title, delivery of, how, to whom - election for director to ...

700.355. Certificates of title, delivery of, how, to whom — election for director to retain possession, procedure. — 1. A certificate of title to the manufactured home when issued by the director of revenue shall be mailed or confirmation of such title shall be electronically transmitted or mailed to the owner shown on the face of the title of such manufactured home. Provided the lienholder submits complete and legible documents, the director of revenue shall mail confirmation or electronically confirm receipt of each notice of lien to the lienholder as soon as possible, but no later than fifteen business days after the filing of the notice of lien. 2. A lienholder may elect that the director of revenue retain possession of an electronic certificate of title, and the director shall issue regulations to cover the procedure by which such election is made. Each such certificate of ownership or title shall require a separate election, unless the director provides otherwise by regulation. A subordinate lienholder shall be bound by the election of the superior lienholder with respect to the certificate involved. 3. As used in this section, "electronic certificate of ownership" means any electronic record of ownership or title, including a lien or liens that may be recorded. (L. 1985 S.B. 152 § 700.155, A.L. 2002 H.B. 2008 merged with S.B. 895) Effective 8-28-02 (H.B. 2008); 7-01-03 (S.B. 895)

Mo. Rev. Stat. § 700.360 Creation of lien or encumbrance by owner, duties, failure to perform, ...

700.360. Creation of lien or encumbrance by owner, duties, failure to perform, penalty — subordinate lienholders, perfection procedure — new certificate issued, when — governing, law. — 1. Except as provided in subsection 2 of this section, if an owner creates a lien or encumbrance on a manufactured home: (1) The owner shall immediately execute the application, either in the space provided therefor on the certificate of title or on a separate form the director of revenue prescribes, to name the lienholder on the certificate of title, showing the name and address of the lienholder and the date of his security agreement, and shall cause the certificate of title, the application and the required fee to be mailed or delivered to the director of revenue. Failure of the owner to do so, including naming the lienholder in such application, is a class A misdemeanor; (2) The lienholder or an authorized agent licensed pursuant to sections 301.112 to 301.119 shall deliver to the director of revenue a notice of lien as prescribed by the director of revenue accompanied by all other necessary documentation to perfect a lien as provided in this section; (3) To perfect a lien for a subordinate lienholder when a transfer of ownership occurs, the subordinate lienholder shall either mail or deliver, or cause to be mailed or delivered, a completed notice of lien to the department of revenue, accompanied by authorization from the first lienholder. The owner shall ensure the subordinate lienholder is recorded on the application for title at the time the application is made to the department of revenue. To perfect a lien for a subordinate lienholder when there is no transfer of ownership, the owner or lienholder in possession of the certificate shall either mail or deliver, or cause to be mailed or delivered, the owner's application for title, certificate, notice of lien, authorization from the first lienholder and title fee to the department of revenue. The delivery of the certificate and executing a notice of authorization to add a subordinate lien does not affect the rights of the first lienholder under the security agreement; (4) Upon receipt of the documents and fee required in subdivision (3) of this section, the director of revenue shall issue a new certificate of ownership containing the name and address of the new lienholder, and shall mail the certificate as prescribed in section 700.355 , or if a lienholder who has elected for the director of revenue to retain possession of an electronic certificate of ownership, the lienholder shall either mail or deliver to the director a notice of authorization for the director to add a subordinate lienholder to the existing certificate. Upon receipt of such authorization, a notice of lien and required documents and title fee, if applicable, from a subordinate lienholder, the director shall add the subordinate lienholder to the certificate of ownership being electronically retained by the director and provide confirmation of the addition to both lienholders. 2. With respect to a manufactured home that is or will be permanently affixed to real estate, upon recordation of an affidavit of affixation under section 442.015 , and satisfaction of the requirements of subsections 1 to 3 of section 700.111 , as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by chapter 442 . (L. 1985 S.B. 152 § 700.160, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.365 Assignment of lien or encumbrance by lienholder, rights and obligations - ...

700.365. Assignment of lien or encumbrance by lienholder, rights and obligations — perfection by assignee, how. — 1. A lienholder may assign, absolutely or otherwise, his lien or encumbrance on the manufactured home to a person other than the owner without affecting the interest of the owner or the validity or effect of the lien or encumbrance, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the lien or encumbrance and the lienholder shall remain liable for any obligations as lienholder until the assignee is named as lienholder on the certificate of title. 2. An assignee under subsection 1 of this section may, but need not to perfect the assignment, have the certificate of title issued with the assignee named as lienholder, upon delivering to the director of revenue the certificate of title, an assignment by the lienholder named in the certificate of title, and the required fee in the form the director of revenue prescribes. 3. If the certificate of ownership is being electronically retained by the director of revenue, the original lienholder may mail or deliver a notice of assignment of a lien to the director in a form prescribed by the director. Upon receipt of notice of assignment, the director shall update the electronic certificate of ownership to reflect the assignment of the lien and lienholder. (L. 1985 S.B. 152 § 700.165, A.L. 2002 H.B. 2008 merged with S.B. 895) Effective 8-28-02 (H.B. 2008); 7-01-03 (S.B. 895)

Mo. Rev. Stat. § 700.370 Satisfaction of lien or encumbrance, release of, procedure.

700.370. Satisfaction of lien or encumbrance, release of, procedure. — 1. Upon the satisfaction of a lien or encumbrance on a manufactured home, the lienholder shall, within ten days after demand, release the lien or encumbrance on the certificate, on a separate document, or electronically under section 32.096 and any rules and regulations adopted thereunder, and mail or deliver the certificate or separate document to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate or separate document. Each perfected subordinate lienholder, if any, shall release such lien or encumbrance as provided in this section for the first lienholder. The release on the certificate or separate document shall be notarized. The owner may cause the certificate of title, the release, and the required fee to be mailed or delivered to the director of revenue, who shall release the lienholder's rights on the certificate and issue a new certificate of title. 2. If the electronic certificate of ownership is in the possession of the director of revenue, the lienholder shall notify the director within ten business days of any release of a lien and provide the director with the most current address of the owner. The director shall note such release on the electronic certificate and if no other lien exists the director shall mail or deliver the certificate free of any lien to the owner. (L. 1985 S.B. 152 § 700.170, A.L. 2002 H.B. 2008 merged with S.B. 895, A.L. 2010 S.B. 630, A.L. 2015 H.B. 524)

Mo. Rev. Stat. § 700.375 Provisions of sections 700.350 to 700.380 exclusive - exceptions.

700.375. Provisions of sections 700.350 to 700.380 exclusive — exceptions. — 1. Sections 700.350 to 700.380 shall not apply to or affect: (1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home; (2) A lien given by statute to the United States, this state or any political subdivision of this state; (3) A lien or encumbrance on a manufactured home created by a manufacturer or dealer who holds the manufactured home for sale. 2. Except as otherwise provided in paragraph (e) of section 400.9-303 , with respect to security interests in manufactured homes perfected by filing under article 9 of chapter 400 and before August 28, 2002, the method provided in sections 700.350 to 700.380 of perfecting and giving notice of liens or encumbrances subject to sections 700.350 to 700.380 is exclusive; provided, however, that with respect to a manufactured home that is or will be permanently affixed to real estate, upon recordation of an affidavit of affixation under section 442.015 , and satisfaction of the requirements of subsections 1 to 3 of section 700.111 , as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by chapter 442 . (L. 1985 S.B. 152 § 700.175, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.380 Liens and encumbrances incurred before July 1, 2003 - how terminated, ...

700.380. Liens and encumbrances incurred before July 1, 2003 — how terminated, completed and enforced. — All transactions involving liens or encumbrances on manufactured homes entered into before July 1, 2003, and the rights, duties, and interests flowing from such transactions shall remain valid thereafter except as otherwise provided by law, and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by sections 700.350 to 700.380 as though such repeal or amendment had not occurred. (L. 1985 S.B. 152 § 700.180, A.L. 2002 H.B. 2008 merged with S.B. 895) Effective 8-28-02 (H.B. 2008); 7-01-03 (S.B. 895)

Mo. Rev. Stat. § 700.385 Repossessed homes, certificate of title - application procedure, fee, form ...

700.385. Repossessed homes, certificate of title — application procedure, fee, form of — manufactured homes, notice — issued when — director of revenue, duties — rulemaking authority. — 1. When the holder of any indebtedness secured by a security agreement or other contract for security covering a manufactured home, who has a notice of lien on file with the director of revenue, repossesses the manufactured home either by legal process or in accordance with the terms of a contract authorizing the repossession of the manufactured home without legal process, the holder may obtain a certificate of ownership from the director of revenue upon presentation of: (1) An application form furnished by the director of revenue which shall contain a full description of the manufactured home and the manufacturer's or other identifying number; (2) A notice of lien receipt or the original certificate of ownership reflecting the holder's lien; and (3) An affidavit of the holder, certified under penalties of perjury for making a false statement to a public official, that the debtor defaulted in payment of the debt, and that the holder repossessed the manufactured home either by legal process or in accordance with the terms of the contract, and the name and address of the owner of the real estate, other than the debtor, from whom the home was repossessed, and that the holder has paid to the real property owner all rent that has accrued in the real property owner's favor that the holder is obligated to pay under the provisions of section 700.529 , and the specific address where the manufactured home is held. Such affidavit shall also state that the lienholder has the written consent from all owners or lienholders of record to repossess the manufactured home or has provided all the owners or lienholders with written notice of the repossession. 2. On a manufactured home, the lienholder shall first give: (1) Ten days' written notice by first class United States mail, postage prepaid, to each of the owners and other lienholders, if any, of the manufactured home at each of their last mailing addresses as shown by the last prior certificate of ownership, if any issued, or the most recent address on the lienholder's records, that an application for a repossessed title will be made; or (2) The lienholder may, ten days prior to applying for a repossession title, include the information in the above notice in the appropriate uniform commercial code notice under section * 400.9-613 or 400.9-614 . Such alternative notice to all owners and lienholders shall be valid and enforceable under both the uniform commercial code and this section, provided it otherwise complies with the provisions of the uniform commercial code. 3. Upon the holder's presentation of the papers required by subsection 1 of this section and the payment of a fee of ten dollars, the director of revenue, if he or she is satisfied with the genuineness of the papers, shall issue and deliver to the holder a certificate of ownership which shall be in its usual form except it shall be clearly captioned "Repossessed Title". Each repossessed title so issued shall, for all purposes, be treated as an original certificate of ownership and shall supersede the outstanding certificate of ownership, if any, and duplicates thereof, if any, on the manufactured home, all of which shall become null and void. 4. In any case where there is no certificate of ownership, or duplicate thereof, outstanding in the name of the debtor on the repossessed manufactured home, the director of revenue shall issue a repossessed title to the holder and shall proceed to collect all unpaid fees, taxes, charges and penalties owed by the debtor, in addition to the fee specified in subsection 3 of this section. 5. The director of revenue may prescribe rules and regulations for the effective administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void. (L. 1985 S.B. 152 § 700.185, A.L. 1989 H.B. 211, A.L. 2006 S.B. 892, A.L. 2010 S.B. 630) Effective 3-01-11 *Word "sections" appears in original rolls.

Mo. Rev. Stat. § 700.500 Director of revenue to notify assessor of home's location, when.

700.500. Director of revenue to notify assessor of home's location, when. — 1. The director of revenue shall notify the assessor of the county in which the manufactured home is located when the following occur: (1) Sales tax is paid on the manufactured home and a certificate of title therefor is issued; or (2) Title to any manufactured home is transferred. 2. As used in this section, the term "manufactured home" shall have the same meaning given it in section 700.010 . (L. 1985 S.B. 152 § 700.250) Effective 12-31-85

Mo. Rev. Stat. § 700.525 Manufactured home defined.

700.525. Manufactured home defined. — As used in sections 700.525 to 700.541 , "manufactured home" shall mean a manufactured home as defined in section 700.010 , excluding a manufactured home with respect to which the requirements of subsections 1 to 3 of section 700.111 , as applicable, have been satisfied, or a modular unit as defined in subdivision (8) of section 700.010 . (L. 1992 H.B. 1434 & 1490 § 10 subsec. 1, A.L. 2008 S.B. 788, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.526 Abandonment deemed, when.

700.526. Abandonment deemed, when. — A manufactured home as defined in section 700.010 which is placed on the real estate of another under a rental agreement shall be deemed abandoned if: (1) The real property owner has a reasonable belief that the homeowner has vacated the premises and intends not to return; and (2) That rent is due and the homeowner has not paid such rent for thirty days; and (3) The homeowner has failed to respond to the real property owner's notice of lien and abandonment set out in subsection 3 of section 700.527 by either failing to pay the rent or file a petition in the associate circuit court to contest the issue of abandonment and the lien. (L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.527 Abandonment of manufactured home or rental real property - owner of ...

700.527. Abandonment of manufactured home or rental real property — owner of property may seek lien, when, procedure — director's duties. — 1. If a person abandons a manufactured home on any real property owned by another who is renting such real property to the owner of the manufactured home, and such abandonment is without the consent of the owner of the real property, and the abandoned manufactured home is not subject to any lien perfected according to sections 700.350 to 700.380 , the owner of the real property shall have a lien for unpaid rent against the manufactured home. The lien for unpaid rent shall be enforced as provided in this section and may be contested as provided in section 700.528 . 2. The real property owner claiming a lien on an abandoned manufactured home shall give written notice to the owner of the manufactured home, by certified mail, return receipt requested. The notice shall contain the following: (1) The name, address, and telephone number of the real property owner; (2) The name of the owner of the manufactured home and the make, year, and serial number of the manufactured home; (3) That the manufactured home is abandoned as provided in section 700.526 and applicable rule of the director of revenue; (4) The duration of such abandonment; (5) That the manufactured home is located on real estate owned by the real property owner; (6) That the home is located on such real estate by reason of a valid rental agreement; (7) That the homeowner is in default of the rental agreement; (8) The amount of rent accrued to the date of the notice and the monthly rate at which future rent will accrue until the abandoned home is redeemed; (9) That the homeowner has not paid or made arrangements for the payment of the accrued rent; (10) That the real property owner claims a lien for all such rent; (11) That the owner of the manufactured home may redeem the abandoned manufactured home at any time during business hours by paying all rent accrued under the terms of the rental agreement; (12) That the manufactured homeowner has a right to contest the real property owner's lien by filing, within ten days of receipt of the notice required by this section, a petition in the associate circuit division of circuit court of the county in which the manufactured home is located; (13) That if the manufactured home remains unredeemed thirty days from the date of mailing of the notice and within ten days of mailing of the notice a petition is not filed to contest the lien, the real property owner may apply to the director of revenue for a lien title. Upon receipt of a lien title, the real property owner shall have the right to sell the manufactured home to recover unpaid rent, actual and necessary expenses incurred in obtaining a lien title, and conducting and advertising the sale. 3. The real property owner's lien and the sum of which the homeowner shall be obligated to pay to satisfy the lien shall be the unpaid rent accrued under the terms of the rental agreement to the date the homeowner satisfied the lien or if not so satisfied to the date the home is sold under this section. 4. The owner of the manufactured home shall not have the right to remove the home from the real property owner's property until such time as all rent provided for the rental agreement is paid. 5. If the homeowner has not paid or made arrangements for the payment of the accrued rent with the real property owner within thirty days from the date of mailing of the notice and no petition as provided in section 700.528 has been filed in the associate circuit division of the circuit court in the county in which the abandoned manufactured home is located to contest the lien or if filed has been dismissed or judgment has been entered on the petition establishing the real property owner's lien, the real property owner may apply to the director of revenue for a certificate of title in order to enforce the lien. 6. The application for a lien title shall be in the form furnished by the director of revenue and shall contain and be accompanied by: (1) The make, year, and serial number of the manufactured home; (2) An affidavit of the owner of real property seeking possession of the manufactured home that states: (a) The manufactured home is abandoned as provided in section 700.526 and by applicable rule of the director of revenue; (b) The duration of such abandonment; (c) The manufactured home is located upon real property owned by the real property owner; (d) The manufactured home is located on the real estate by reason of a valid rental agreement; (e) The homeowner is in default of the rental agreement; (f) The amount of past-due rent and the monthly rate at which future rent will accrue under the rental agreement; (g) The homeowner has not paid or made arrangements for the payment of the rent; (h) The owner of real property claims a lien for all such rent; (i) The real property owner mailed the notice required by subsection 3 of this section to the owner of the manufactured home by certified mail, return receipt requested; (j) The manufactured homeowner has not filed a petition in the associate circuit division of circuit court contesting the real property owner's lien, or if a petition was filed, that either the homeowner's petition was dismissed or that a judgment in the real property owner's favor establishing the lien was entered; (3) A copy of the thirty-day notice given by certified mail to the owner of the manufactured home; (4) A copy of the certified mail receipt indicating that the owner was sent the notice as required in subsection 3 of this section; (5) A copy of the envelope or mailing container showing the address and postal marking that indicate the notice was not forwardable or address unknown; (6) An original, photostatic, or conformed copy of the original contract for the rental of the real property; (7) A copy of any judgment of dismissal of the homeowner's petition to contest the lien or a judgment awarding the real property owner a lien against the manufactured home; and (8) Any other information that the director of revenue may require by rule. 7. If the director is satisfied with the genuineness of the application and supporting documents submitted under this section, the director shall issue, in the manner a repossessed title is issued, a certificate of ownership or certificate of title to the real property owner which shall be captioned "lien title". 8. Upon receipt of a lien title, the holder shall within thirty days begin proceedings to sell the manufactured home as prescribed in this section. The real property owner shall be entitled to any actual and necessary expenses incurred in obtaining the lien title, including, but not limited to reasonable attorney's fees and cost of advertising. 9. The sale of the manufactured home shall be held only after giving the owner not less than twenty days' notice, by one of the following means: (1) By personal delivery to the owner of a copy of the notice set out below; (2) By mailing a copy of the notice set out in subsection 11 of this section, by registered mail addressed to the owner of the manufactured home in which case a return receipt shall be evidence of due notice; (3) By publishing the notice not less than twice in a newspaper of general circulation in the county in which the manufactured home is to be sold, the last publication to be not less than twenty days prior to the date of sale; or (4) If no newspaper is published within the county in which said manufactured home is to be sold, then by posting the notice, not less than twenty days prior to the date of sale, on five handbills placed in five different places in the county in which the manufactured home is to be sold and with one of such handbills posted where the manufactured home is located. 10. The form of the notice shall be substantially as follows: "NOTICE Notice is hereby given that on (insert date), sale will be held at (insert place) to sell the following manufactured home to enforce a lien existing under the laws of the state of Missouri for real estate rental, unless the manufactured home is redeemed prior to the date of sale: Name of Owner: Description of Manufacturer's Amount of Lien: Manufactured Serial Number: Home: Name of Lienor:". 11. The owner of the manufactured home may redeem the home prior to the sale by payment of all rents due and owing to the real property owner under the rental agreement to the date of sale or payment, whichever is sooner, and payment of actual and necessary expenses incurred in obtaining the lien, including but not limited to reasonable attorney's fees, and necessary expenses of advertising the sale. 12. If the manufactured home is not redeemed prior to the date of sale provided in the notice set forth in this section, the real property owner may sell the manufactured home on the day and at the place specified in the notice. The proceeds of sale shall be distributed in the following order: (1) To the satisfaction of real property owner's past-due rent and reimbursement of its actual and necessary expenses incurred in obtaining the lien and lien title, including attorney's fees and the necessary expenses of advertising the sale provided for in this section; (2) The excess, if any, shall be paid to the manufactured homeowner. If the manufactured homeowner cannot be located within thirty days of the date of sale, the excess, if any, shall be deposited with the county treasurer of the county in which the home was sold and in the case of a sale within a city not within a county with its treasurer, together with a sworn statement containing the name of the owner, description of the manufactured home by manufacturer's serial number, amount of lien, sale price, name of purchaser, and costs and manner of advertising. 13. Such treasurer shall credit such excess to the general revenue fund of the county or a city not within a county, subject to the right of the owner to reclaim the same at any time within three years of the date of such deposit with the treasurer, after presentation of proper evidence of ownership and obtaining an order of the county commission, or comptroller of a city not within a county, directed to said treasurer for the return of such excess deposit. 14. Any lienor failing to or refusing to deliver to such treasurer the excess proceeds of sale together with a sworn statement as required in this section within thirty days after such sale shall be liable for double the excess of proceeds of such sale, to be recovered in any court of competent jurisdiction by civil action. 15. The real property owner's compliance with the requirements of this section shall be a perpetual bar to any action against such owner of real property by any person for the recovery of the manufactured home or its value or of any damages growing out of the taking of possession and sale of such manufactured home. 16. The real property owner may be a purchaser at the public sale conducted under this section. 17. The provisions of this section shall not apply to a manufactured home which is real estate as defined in subsection 7 of section 442.015 . (L. 1992 H.B. 1434 & 1490 § 10 subsecs. 2, 3, A.L. 1995 H.B. 414, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.528 Contest of lien, procedure.

700.528. Contest of lien, procedure. — 1. The owner of the abandoned manufactured home, within ten days of the mailing of the real property owner's notification provided for in subsection 3 of section 700.527 , may file a petition in the associate circuit division of circuit court in the county in which the abandoned manufactured home is located to contest the real property owner's lien. The petition shall name the real property owner as a defendant. The director of revenue shall not be a party to such petition, but a copy of the petition shall be served on the director who shall not issue a lien title to such abandoned manufactured home until the court by judgment upholds the lien or until the homeowner's petition is dismissed. 2. Upon the filing of the petition in the associate circuit division of circuit court, the owner may have the manufactured home released from the lien upon posting with the court, for the benefit of the real property owner, a cash or surety bond or other adequate security equal to the amount of the rental charges due and those which will accrue during the term of the proceedings to ensure payment of such rent in the event the manufactured homeowner does not prevail. Upon posting of the bond, the court shall issue an order notifying the real property owner of the posting of the bond and directing the real property owner to release the manufactured home to its owner. The court shall then proceed to determine the parties' rights to the proceeds of the bond. 3. If the court determines the homeowner owes unpaid rent under the rent agreement, the court shall give judgment to the real property owner in the sum of the unpaid rent, declare a lien in the real property owner's favor against the manufactured home, or if bond has been posted, order that so much of the bond proceeds as are necessary to satisfy the judgment to be immediately paid to the real property owner. The real property owner shall enforce the lien for the unpaid rent by submitting an application for lien title in the form and containing the information required by section 700.527 . The real property owner shall attach to the application for lien title a copy of the judgment rendered by the associate circuit court. The homeowner may satisfy the lien by paying the amount set out in the judgment together with statutory judgment interest. (L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.529 Notice of lien - lien amount deemed unpaid rent - no certificate of title ...

700.529. Notice of lien — lien amount deemed unpaid rent — no certificate of title until all rent paid. — 1. If a person abandons a manufactured home on any real property owned by another who is renting such real property to the owner of the manufactured home, and such abandonment is without the consent of the owner of the real property, and there exists a lien perfected according to sections 700.350 to 700.380 on the manufactured home which is in default, the owner of the real property shall have a lien for unpaid rental against the manufactured home upon compliance with the provisions of this section by giving notice to the manufactured homeowner and any party with a perfected lien in the abandoned home by certified mail, postage prepaid and return receipt requested. The notice shall contain the following: (1) The name, address, and telephone number of the real property owner; (2) The name and last known address of the owner of the manufactured home; (3) The make, year, and serial number of the manufactured home; (4) That the manufactured home is abandoned as provided in section 700.526 and by applicable rule of the director; (5) That the manufactured home is located on real estate owned by the real property owner; (6) That the home is located on the real estate by reason of a valid rental agreement; (7) That the homeowner is in default of the rental agreement; (8) The amount of past-due rent and the monthly rate at which future rent will accrue under the rental agreement; (9) That the homeowner has not paid or made arrangements for the payment of the rent; (10) That the real property owner claims a lien for such rental; (11) That the owner of the manufactured home may redeem the home at any time during business hours by paying all unpaid rent accrued under the terms of the rental agreement through the date of removal of the home from the real property owner's premises and the perfected lienholder may redeem the abandoned manufactured home at any time during business hours by paying all rent specified in the rental agreement which accrues during the period beginning thirty days after this notice has been mailed to the perfected lienholder and continuing to the date the home is removed from real property owner's premises; (12) That the manufactured homeowner and the perfected lienholder shall each have the right to contest the real property owner's lien by filing, within ten days of the date of mailing the notice required by this section, a petition in the associate circuit division of the circuit court of the county in which the manufactured home is located; (13) That if the rent due remains unpaid thirty days from the date mailing of the notice and within ten days of mailing of the notice the petition referred to in subdivision (12) of this subsection is not filed to contest the lien, the real property owner shall have a lien against the manufactured home which shall be superior to the perfected lienholder's lien and the amount of the lien shall continue to accrue monthly until the home is removed from real property owner's premises. 2. The real property owner's lien and the sum which the homeowner shall be obligated to pay to satisfy the lien shall be the unpaid rent accrued under the terms of the rental agreement through the date the home is removed from real property owner's premises and the real property owner's lien and the sum which the perfected lienholder shall be obligated to pay to satisfy the lien shall be the unpaid rental specified in the rental agreement which accrues during the period beginning thirty days after the notice specified in this section has been mailed to the lienholder and continuing to the date the home is removed from real property owner's premises. If an injunction or stay order issued by any court of competent jurisdiction prohibits the lienholder from removing the home, the lienholder's obligation to pay the rent shall abate until the date the injunction or stay order is lifted. 3. The owner of the manufactured home shall not have the right to remove the home from the real property owner's property until such time as all rent provided for in the rental agreement is paid and the perfected lienholder shall not have the right to remove the home until such time as the lienholder has paid all rent it is obligated to pay to the real property owner under the provisions of this section. 4. Until a perfected lienholder has paid all rent it is obligated to pay to the real property owner accrued in the real property owner's favor under the provisions of this section, the director shall not issue a certificate of title or repossession title to the manufactured home to the perfected lienholder. 5. The owner of the abandoned manufactured home or the perfected lienholder, within ten days of mailing of the notice specified in subsection 1 of this section, may file a petition in the associate circuit division of the circuit court of the county in which the abandoned manufactured home is located to contest the real property owner's lien. If the court determines the homeowner or the perfected lienholder owes * unpaid rent, the court shall declare a lien in real property owner's favor and shall separately state the amount of the homeowner or the perfected lienholder's obligation to the date of the judgment. The homeowner and the perfected lienholder may satisfy the lien by paying the amount set out in the judgment of the court. (L. 1992 H.B. 1434 & 1490 § 10 subsec. 4, A.L. 2010 S.B. 630) Effective 3-01-11 *Word "owe" appears in original rolls.

Mo. Rev. Stat. § 700.541 Rules, promulgation.

700.541. Rules, promulgation. — The director of revenue may promulgate any rules necessary to effectuate the purposes of sections 700.525 to 700.541 . No rule or portion of a rule promulgated under the authority of sections 700.525 to 700.541 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 . (L. 1992 H.B. 1434 & 1490 § 10 subsec. 11, § 11 subsecs. 1 to 4, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Mo. Rev. Stat. § 700.600 Notice required before landlord may evict, when - landlord prohibited from ...

700.600. Notice required before landlord may evict, when — landlord prohibited from increasing rent, when. — 1. As used in this section, the following terms mean: (1) "Manufactured home" , the same meaning as provided in section 700.010 ; (2) "Manufactured or mobile home land lease community" , any area, lot, parcel, or tract held in common ownership and on which individual portions of such area, lot, parcel, or tract are leased for the placement of manufactured or mobile homes as a primary residence; (3) "Mobile home" , a residential building constructed or assembled in a factory which is not certified pursuant to the federal Housing and Urban Development (HUD) Code and which conforms to the American National Standards Institute (ANSI) standards for mobile homes. 2. A landlord of a manufactured or mobile home land lease community shall provide written notice to all of the community's tenants who own their manufactured or mobile homes at least one hundred twenty days prior to requiring such tenants to vacate the property due to a change in use of the property. In cases where more than one hundred twenty days remain on a current lease, the longer time period shall apply for purposes of providing notice pursuant to this section. The landlord shall not increase the rent, except for a rent increase based solely on an increase in property taxes, for any tenant of the manufactured or mobile home land lease community during the sixty-day period prior to providing such notice or at any time after providing such notice. 3. Nothing in this section shall be construed as prohibiting a landlord from evicting a tenant with less than one hundred twenty days' notice for any reason other than a change in use of the property. (L. 2004 H.B. 998 & 905) CROSS REFERENCE: Penalty for violations, 700.115

Mo. Rev. Stat. § 700.630 Survivorship interest in manufactured homes - issuance of certificates of ...

700.630. Survivorship interest in manufactured homes — issuance of certificates of ownership, requirements, restrictions. — 1. A sole owner of a manufactured home, and multiple owners of a manufactured home who hold their interest as joint tenants with right of survivorship or as tenants by the entirety, on application and payment of the fee required for an original certificate of ownership, may request the director of revenue to issue a certificate of ownership for the manufactured home in beneficiary form which includes a directive to the director of revenue to transfer the certificate of ownership on death of the sole owner or on death of all multiple owners to one beneficiary or to two or more beneficiaries as joint tenants with right of survivorship or as tenants by the entirety named on the face of the certificate. The directive to the director of revenue shall also permit the beneficiary or beneficiaries to make one reassignment of the original certificate of ownership upon the death of the owner to another owner without transferring the certificate to the beneficiary or beneficiaries' name. 2. A certificate of ownership in beneficiary form may not be issued to persons who hold their interest in a manufactured home as tenants in common. 3. A certificate of ownership issued in beneficiary form shall include after the name of the owner, or after the names of multiple owners, the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary or beneficiaries. 4. (1) During the lifetime of a sole owner and during the lifetime of all multiple owners, or prior to the death of the last surviving multiple owner, the signature or consent of the beneficiary or beneficiaries shall not be required for any transaction relating to the manufactured home for which a certificate of ownership in beneficiary form has been issued. (2) A certificate of ownership in beneficiary form may be revoked or the beneficiary or beneficiaries changed at any time before the death of a sole owner or the last surviving multiple owner only by the following methods: (a) By a sale of the manufactured home with proper assignment and delivery of the certificate of ownership to another person; or (b) By filing an application to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary or beneficiaries with the director of revenue in proper form and accompanied by the payment of the fee for an original certificate of ownership. (3) The beneficiary's or beneficiaries' interest in the manufactured home at death of the owner or surviving owner shall be subject to any contract of sale, assignment of ownership or security interest to which the owner or owners of the manufactured home were subject during their lifetime. (4) The designation of a beneficiary or beneficiaries in a certificate of ownership issued in beneficiary form may not be changed or revoked by a will, any other instrument, or a change in circumstances, or otherwise be changed or revoked except as provided by subdivision (2) of this subsection. 5. (1) On proof of death of one of the owners of two or more multiple owners, or of a sole owner, surrender of the outstanding certificate of ownership, and on application and payment of the fee for an original certificate of ownership, the director of revenue shall issue a new certificate of ownership for the manufactured home to the surviving owner or owners or, if none, to the surviving beneficiary or beneficiaries, subject to any outstanding security interest; and the current valid certificate of number shall be so transferred. If the surviving beneficiary or beneficiaries makes a request of the director of revenue, the director may allow the beneficiary or beneficiaries to make one assignment of title. (2) The director of revenue may rely on a death certificate or record or report that constitutes prima facie proof or evidence of death under subdivisions (1) and (2) of section 472.290 . (3) The transfer of a manufactured home at death pursuant to this section is not to be considered as testamentary, or to be subject to the requirements of section 473.087 or section 474.320 . 6. Notwithstanding the foregoing, the director of revenue shall not issue a certificate of ownership to a manufactured home to which there has been recorded an affidavit of affixation under section 442.015 unless with respect to the same manufactured home there has been recorded an affidavit of severance under section 442.015 . (L. 2004 H.B. 1511 merged with S.B. 1233, et al. § 1, A.L. 2010 S.B. 630) Effective 3-01-11

Mo. Rev. Stat. § 700.650 Citation - definitions.

700.650. Citation — definitions. — 1. Sections 700.650 to 700.692 shall be known and may be cited as the "Manufactured Home Installation Act". 2. For the purposes of sections 700.650 to 700.692 , the following terms shall mean: (1) "Applicant" , a person who applies to the commission for a license or limited-use license to install manufactured homes; (2) "Commission" , the Missouri public service commission; (3) "Dealer" , any person, other than a manufacturer, who sells or offers for sale four or more used homes or one or more new manufactured homes, or one or more new modular units in any consecutive twelve-month period; (4) "Installation" , work undertaken at the place of occupancy to ensure the proper initial setup of a manufactured home which shall include the joining of all sections of the home, installation of stabilization, support, and leveling systems, assembly of multiple or expanded units, and installation of applicable utility hookups and anchoring systems that render the home fit for habitation; (5) "Installation standards" , reasonable specifications for the installation of a manufactured home; (6) "Installer" , an individual who is licensed by the commission to install manufactured homes, pursuant to sections 700.650 to 700.692 ; (7) "Manufactured home" , a manufactured home as that term is defined in subdivision (6) of section 700.010 ; (8) "Manufacturer" , any person who manufactures manufactured homes, including persons who engage in importing manufactured homes for resale; and (9) "Person" , an individual, partnership, corporation, or other legal entity. (L. 2004 S.B. 1096, A.L. 2008 S.B. 788)

Mo. Rev. Stat. § 700.653 Program to assure proper installation of manufactured homes required.

700.653. Program to assure proper installation of manufactured homes required. — The commission shall implement a program, consistent with Title VI of P.L. 106-569 and any federal regulations promulgated pursuant to that act, to assure the proper installation of manufactured homes by licensed installers. The program shall include the following components: (1) Licensing of installers, including penalties for engaging in the business of manufactured home installation without a license from the commission; (2) Installation standards applicable to manufactured homes; (3) Inspection of a percentage of installed manufactured homes; and (4) A process to resolve disputes relating to the installation of manufactured homes. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.656 Installers to be licensed by the commission - no local license required - ...

700.656. Installers to be licensed by the commission — no local license required — certain entities to employ licensed installers — license not required, when. — 1. No person shall engage in the business of installing manufactured homes or hold himself or herself out as a manufactured home installer in this state unless such person holds a valid installer license issued by the commission pursuant to sections 700.650 to 700.680 . 2. The installer license obtained from the commission shall be the only installer license required for installing manufactured homes within this state. No political subdivision of this state may issue an installer license or require additional professional licensure of installers already licensed by the commission. 3. Manufactured home dealers and manufactured home manufacturers who do not subcontract with a licensed installer and who perform installations themselves or through direct agents or employees shall have at least one agent or employee who is a licensed installer. 4. Any corporation, partnership, or other legal entity that performs installation shall have at least one supervising agent who is a licensed installer. 5. A license to install manufactured homes is not required for a person who installs a manufactured home on his or her property for his or her own occupancy or who is a direct agent of a licensee, working under the licensee's supervision and within the licensee's job scope. The licensed installer is responsible for supervising all such agents for their competent and proper performance. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.659 License issued by commission, when, applicant requirements - additional ...

700.659. License issued by commission, when, applicant requirements — additional requirements — term of license, renewal. — 1. The commission shall issue an installer license to an applicant who: (1) Files a written application with the commission on a form approved by the commission; (2) Is at least eighteen years old; (3) Is of good moral character; (4) Presents evidence that he or she has completed a training program approved by the commission; (5) Has attained a passing grade upon an examination, approved by the commission, that is designed to test the skills necessary to properly perform as an installer and to ascertain the adequacy of the applicant's knowledge of federal and state laws applicable to manufactured home installation. The commission may establish what constitutes a passing grade for the examination; and (6) Pays all fees as required by sections 700.650 to 700.680 and by commission rule. 2. In addition to fulfilling the requirements of subsection 1 of this section, an applicant who is not an agent of a dealer or manufacturer shall obtain and show proof of a certificate of insurance for workers' compensation coverage. 3. In addition to fulfilling the requirements of subsection 1 of this section, an applicant who is an agent of a dealer or manufacturer shall show proof of general liability insurance in an amount of at least three hundred thousand dollars. 4. An installer license shall be valid for a period of time determined by the commission, but not for less than one year, and it may be renewed accordingly. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.665 Limited-use installer license authorized.

700.665. Limited-use installer license authorized. — Upon payment of an applicable fee, the commission may issue a limited-use installer license to an applicant not otherwise licensed pursuant to sections 700.650 to 700.680 who already has installation experience but who has not met the training and examination requirements for licensure. The limited-use installer license shall allow the person to install manufactured homes under the supervision of a person currently licensed pursuant to sections 700.650 to 700.680 . The limited-use license shall expire when the commission issues an installer license to the applicant or if the applicant fails to attain a passing grade on the examination. The commission may renew an applicant's limited-use license one time. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.668 Renewal notice - notification of insurance coverage - license inactive, ...

700.668. Renewal notice — notification of insurance coverage — license inactive, when — reissue of license authorized. — 1. The commission shall mail a renewal notice to the last known address of each installer licensee prior to the renewal date and shall establish procedures and requirements, including proof of continuing education, for renewing an installer license. The commission shall renew the license of a licensee who fulfills these requirements before the expiration date of his or her license and within a time period determined by the commission. The commission shall deny renewal to a licensee who does not fulfill these requirements. 2. Within ten days of receiving notification, a licensee shall notify the commission in writing of the cancellation, termination, or nonrenewal of any workers' compensation coverage or general liability insurance required by section 700.659 . The commission may suspend an installer license until the licensee provides proof that the insurance coverage is restored. 3. Upon a licensee's written request, the commission may grant inactive status to a licensee, if the person meets the licensing requirements in sections 700.650 to 700.680 and: (1) Does not install manufactured homes, except as allowed pursuant to section 700.659 ; (2) Does not hold himself or herself out as an installer in the state of Missouri; and (3) Maintains continuing education requirements established by the commission. 4. The commission may establish procedures and requirements for reissuing an installer license that has lapsed, expired, or been suspended, revoked, or placed on inactive status. The commission shall not reissue a license more than two years after its expiration date. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.671 Prohibitions - violation, penalty.

700.671. Prohibitions — violation, penalty. — 1. No person shall: (1) Falsely hold himself, herself, or a business organization out as a licensed installer; (2) Falsely impersonate a licensed installer; (3) Present as his or her own the installer's license of another; (4) Knowingly give false or forged evidence to the commission; (5) Use or attempt to use an installer license that has been suspended or revoked; or (6) Engage in the business or act in the capacity of a licensed installer or advertise himself, herself, or a business organization as available to engage in the business or act in the capacity of an installer without being duly licensed by the commission. 2. Any person who violates any provision of this section is guilty of a class A misdemeanor. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.674 Prohibitions.

700.674. Prohibitions. — No person licensed as an installer and no applicant shall: (1) Obtain an installer license by fraud or misrepresentation; (2) Be convicted of or found guilty of, or enter a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the business of performing or the ability to perform manufactured home installation; (3) Violate any order of the commission; (4) Commit misconduct, fraud, misrepresentation, or dishonesty in installing manufactured homes; (5) Commit gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property; or (6) Commit violations of installation standards adopted by the commission pursuant to section 700.683 . (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.677 Discipline authorized - methods of discipline - complaint may be ...

700.677. Discipline authorized — methods of discipline — complaint may be considered, effect — notice. — 1. Notwithstanding any provision of law to the contrary, the commission may discipline a holder of an installer license, a holder of a limited-use installer license, or any other person for any violation or combination of violations of sections 700.671 and 700.674 . 2. The commission may discipline a licensee or applicant who violates any provision of section 700.674 by: (1) Revoking a license; (2) Suspending a license; (3) Requiring the person to take and pass, or retake and pass, an examination approved by the commission; (4) Placing the person on probation; (5) Sending the person a notice of noncompliance; or (6) Refusing to issue a license. 3. The commission may consider a complaint filed with it charging a licensed installer with a violation of the provisions of sections 700.650 to 700.680 . If proven, the charges shall constitute grounds for revoking or suspending the installer license or for placing the licensed installer on probation. 4. If it refuses to issue or renew an installer license or limited-use installer license, the commission shall notify the person, in writing, of: (1) The reasons for refusal; (2) The option to resolve the matter through the commission's alternative dispute resolution process; (3) The opportunity to file a formal complaint with the commission if the person does not choose alternative dispute resolution or if that process fails to resolve the matter; and (4) The right to review by the circuit court, pursuant to section 386.510 . (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.680 Complaints to be investigated - subpoenas authorized - petition in court ...

700.680. Complaints to be investigated — subpoenas authorized — petition in court authorized, when. — 1. The commission shall investigate all complaints concerning violations of sections 700.650 to 700.680 to determine if there are grounds for disciplining a holder of an installer license or limited-use installer license or for refusing to issue either form of license to an applicant. 2. The commission may issue subpoenas duces tecum in order to cause any installer licensee, holder of a limited use installer license, or other person to produce records or appear as a witness in connection with an investigation or proceeding pursuant to this section. 3. In lieu of or in addition to any remedy provided in this section, the commission may file a petition in the name of the state asking a court to issue a restraining order or a writ of mandamus against any person who is or who had been violating any of the provisions of sections 700.650 to 700.680 or any rule, order, or subpoena issued by the commission. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.683 Installers to follow standards - standards to be adopted by commission - ...

700.683. Installers to follow standards — standards to be adopted by commission — commission decals. — 1. The commission shall require installers to install homes in accordance with the installation instructions provided by the manufacturer of the manufactured home. The instructions shall have been approved by the United States Department of Housing and Urban Development or one of its authorized agents pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. 2. The commission shall adopt uniform, reasonable standards for the proper installation of manufactured homes in this state including, but not limited to, standards for the foundation, supports, anchoring, underpinning, and joining of the sections of the home. The standards shall provide for physical engineering needed to appropriately install a manufactured home on a specific site. 3. Each licensed installer shall purchase installation decals from the commission for a fee established by the commission. An installation decal shall be affixed to the manufactured home upon completion of the installation. The decal shall note the installer's license number and shall be permanently affixed to the manufactured home at a location determined by the commission. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.686 Inspection standards.

700.686. Inspection standards. — The commission shall conduct inspections of new manufactured home installations performed by licensed installers consistent with standards adopted pursuant to section 700.683 and with requirements established by the United States Department of Housing and Urban Development. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.689 Dispute process required.

700.689. Dispute process required. — The commission shall implement a process, by rule, consistent with Title VI of P.L. 106-569 and any federal regulations promulgated pursuant to that act, to resolve disputes arising among manufacturers, dealers, and installers of manufactured homes regarding responsibility for correcting or repairing defects in manufactured homes that are reported during the one-year period beginning on the date of installation. The program shall provide for issuing appropriate orders. (L. 2004 S.B. 1096)

Mo. Rev. Stat. § 700.692 Administration - fees authorized - rulemaking authority.

700.692. Administration — fees authorized — rulemaking authority. — 1. The commission may implement sections 700.650 to 700.692 using its own employees, using independent contractors, consistent with policies established by the office of administration, or through other private or public entities that provide a service to an applicant or licensee at the expense of the applicant, licensee, or his or her employer. 2. The commission may establish reasonable fees to cover the cost of implementing sections 700.650 to 700.692 . The commission shall collect the fees and transmit them to the department of revenue for deposit in the state treasury to the credit of the manufactured housing fund created pursuant to section 700.040 . 3. The commission may promulgate any rules necessary and convenient to carry out the purposes of sections 700.650 to 700.692 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void. (L. 2004 S.B. 1096)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=700Fetched: 10/17/2026