Missouri Revised Statutes
Chapter 700 - Manufactured Homes (Mobile Homes)
Section 700.528 - Contest of lien, procedure.

Effective - 01 Mar 2011
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.
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(L. 2010 S.B. 630)
Effective 3-01-11

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XLI - Codes and Standards

Chapter 700 - Manufactured Homes (Mobile Homes)

Section 700.010 - Definitions.

Section 700.015 - Code compliance required, when — seal required — exemptions from code requirements for sale of new recreational vehicles and park trailers.

Section 700.021 - Seals issued to persons, when — manufacturer to certify that unit meets code.

Section 700.025 - Alteration of unit with seal, prohibited when.

Section 700.030 - Reciprocal recognition of seals, when.

Section 700.035 - Unit bearing seal not required to comply with certain other codes — special provisions for recreational vehicles and park trailers.

Section 700.040 - Duties and powers of commission — manufactured housing fund created, purpose — rules, procedure.

Section 700.041 - Manufactured housing consumer recovery fund established, use of moneys.

Section 700.045 - Certain acts declared misdemeanors.

Section 700.050 - Issuance of seals to manufacturer suspended, when — removal of attached seal, when.

Section 700.055 - Serial numbers required when, form.

Section 700.056 - Dealer to provide buyer certain information.

Section 700.060 - Units covered by sections 700.060 to 700.115.

Section 700.065 - Manufactured homes to be anchored.

Section 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.

Section 700.080 - Letter of approval required for anchoring and tiedown systems — display and copy requirements.

Section 700.085 - Certain units exempt from sections 700.060 to 700.085, when.

Section 700.090 - Manufacturers and dealers to register — commission to issue certificate, when — registration to be renewed, when, fee — renewals may be staggered.

Section 700.095 - Registration and renewal requirements, application contents — fee.

Section 700.096 - Monthly reports required — inspection of certain records authorized — law enforcement official defined.

Section 700.097 - Registration not required, when.

Section 700.098 - Sanctioning of registration, when.

Section 700.100 - Refusal to renew, grounds, notification to applicant, contents — complaints may be considered.

Section 700.111 - Surrender of certificate of origin and certificate of title — confirmation of conversion, when — rulemaking authority

Section 700.115 - Violation of sections 700.010 to 700.115 constitutes violation of section 407.020 — violation of chapter, penalties — rules.

Section 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 —...

Section 700.350 - Liens and encumbrances — valid, perfected, when, how — home subject to, when, how determined — security procedures — validity of prior transactions.

Section 700.355 - Certificates of title, delivery of, how, to whom — election for director to retain possession, procedure.

Section 700.360 - Creation of lien or encumbrance by owner, duties, failure to perform, penalty — subordinate lienholders, perfection procedure — new certificate issued, when — governing, law.

Section 700.365 - Assignment of lien or encumbrance by lienholder, rights and obligations — perfection by assignee, how.

Section 700.370 - Satisfaction of lien or encumbrance, release of, procedure.

Section 700.375 - Provisions of sections 700.350 to 700.380 exclusive — exceptions.

Section 700.380 - Liens and encumbrances incurred before July 1, 2003 — how terminated, completed and enforced.

Section 700.385 - Repossessed homes, certificate of title — application procedure, fee, form of — manufactured homes, notice — issued when — director of revenue, duties — rulemaking authority.

Section 700.500 - Director of revenue to notify assessor of home's location, when.

Section 700.525 - Manufactured home defined.

Section 700.526 - Abandonment deemed, when.

Section 700.527 - Abandonment of manufactured home or rental real property — owner of property may seek lien, when, procedure — director's duties.

Section 700.528 - Contest of lien, procedure.

Section 700.529 - Notice of lien — lien amount deemed unpaid rent — no certificate of title until all rent paid.

Section 700.541 - Rules, promulgation.

Section 700.600 - Notice required before landlord may evict, when — landlord prohibited from increasing rent, when.

Section 700.630 - Survivorship interest in manufactured homes — issuance of certificates of ownership, requirements, restrictions.

Section 700.650 - Citation — definitions.

Section 700.653 - Program to assure proper installation of manufactured homes required.

Section 700.656 - Installers to be licensed by the commission — no local license required — certain entities to employ licensed installers — license not required, when.

Section 700.659 - License issued by commission, when, applicant requirements — additional requirements — term of license, renewal.

Section 700.665 - Limited-use installer license authorized.

Section 700.668 - Renewal notice — notification of insurance coverage — license inactive, when — reissue of license authorized.

Section 700.671 - Prohibitions — violation, penalty.

Section 700.674 - Prohibitions.

Section 700.677 - Discipline authorized — methods of discipline — complaint may be considered, effect — notice.

Section 700.680 - Complaints to be investigated — subpoenas authorized — petition in court authorized, when.

Section 700.683 - Installers to follow standards — standards to be adopted by commission — commission decals.

Section 700.686 - Inspection standards.

Section 700.689 - Dispute process required.

Section 700.692 - Administration — fees authorized — rulemaking authority.