20-109.2. Surrender of title to manufactured home.
(a) Surrender of Title. - If a certificate of title has been issued for a manufactured home, the owner listed on the title has the title, and the manufactured home qualifies as real property as defined in G.S. 105-273(13), the owner listed on the title shall submit an affidavit to the Division that the manufactured home meets this definition and surrender the certificate of title to the Division.
(a1) Surrender When Title Not Available. - If a certificate of title has been issued for a manufactured home, no issued title is available, and the manufactured home qualifies as real property as defined in G.S. 105-273(13), the owner listed on the title shall be deemed to have surrendered the title to the Division if the owner of the real property on which the manufactured home is affixed (i) submits an affidavit to the Division that the manufactured home meets the definition of real property under G.S. 105-273(13) and in compliance with subsection (b) of this section and (ii) submits a tax record showing the manufactured home listed for ad valorem taxes as real property pursuant to Article 17 of Chapter 105 of the General Statutes in the name of the record owner of the real property on which the manufactured home is affixed.
(b) Affidavit. - The affidavit must be in a form approved by the Commissioner and shall include or provide for all of the following information:
(1) The manufacturer and, if applicable, the model name of the manufactured home affixed to real property upon which cancellation is sought.
(2) The vehicle identification number and serial number of the manufactured home affixed to real property upon which cancellation is sought.
(3) The legal description of the real property on which the manufactured home is affixed, stating that the owner of the manufactured home also owns the real property or that the owner of the manufactured home has entered into a lease with a primary term of at least 20 years for the real property on which the manufactured home is affixed with a copy of the lease or a memorandum thereof pursuant to G.S. 47-18 attached to the affidavit, if not previously recorded.
(4) A description of any security interests in the manufactured home affixed to real property upon which cancellation is sought.
(5) A section for the Division's notation or statement that either the procedure in subsection (a) of this section for surrendering the title has been surrendered and the title has been cancelled by the Division or the affiant submits this affidavit pursuant to subsection (a1) of this section to have the title deemed surrendered by the owner listed on the certificate of title.
(6) An affirmative statement that the affiant is (i) the record owner of the real property on which the manufactured home is affixed and the lease for the manufactured home does not include a provision allowing the owner listed on the certificate of title to dispose of the manufactured home prior to the end of the primary term of the lease or (ii) is the owner of the manufactured home and either owns the real property on which the manufactured home is affixed or has entered into a lease with a primary term of at least 20 years for the real property on which the manufactured home is affixed.
(7) The affiant affirms that he or she has sent notice of this cancellation by hand delivery or by first-class mail to the last known address of the owner listed on the certificate of title prior to filing this affidavit with the Division.
(c) Cancellation. - Upon compliance with the procedures in subsection (a) or (a1) of this section for surrender of title, the Division shall rescind and cancel the certificate of title. If a security interest has been recorded on the certificate of title and not released by the secured party, the Division may not cancel the title without written consent from all secured parties. After canceling the title, the Division shall return the original of the affidavit to the affiant, or to the secured party having the first recorded security interest, with the Division's notation or statement that the title has been surrendered and has been cancelled by the Division. The affiant or secured party shall file the affidavit returned by the Division with the office of the register of deeds of the county where the real property is located. The Division may charge five dollars ($5.00) for a cancellation of a title under this section.
(d) Application for Title After Cancellation. - If the owner of a manufactured home whose certificate of title has been cancelled under this section subsequently seeks to separate the manufactured home from the real property, the owner may apply for a new certificate of title. The owner must submit to the Division an affidavit containing the same information set out in subsection (b) of this section, verification that the manufactured home has been removed from the real property, verification of the identity of the current owner of the real property upon which the manufactured home was located, and written consent of any affected owners of recorded mortgages, deeds of trust, or security interests in the real property where the manufactured home was placed. Upon receipt of this information, together with a title application and required fee, the Division shall issue a new title for the manufactured home in the name of the current owner of the real property upon which the manufactured home was located.
(e) Sanctions. - Any person who violates this section is subject to a civil penalty of up to one hundred dollars ($100.00), to be imposed in the discretion of the Commissioner.
(f) No Right of Action. - A person damaged by the cancellation of a certificate of title pursuant to subsection (a1) of this section does not have a right of action against the Division or a commission contractor of the Division. (2001-506, s. 2; 2003-400, s. 1; 2013-79, s. 1; 2016-59, s. 6; 2021-134, s. 6.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Motor Vehicle Act of 1937.
§ 20-39 - Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees.
§ 20-39.1 - Publicly owned vehicles to be marked; private license plates on publicly owned vehicles.
§ 20-40 - Offices of Division.
§ 20-41 - Commissioner to provide forms required.
§ 20-42 - Authority to administer oaths and certify copies of records.
§ 20-43 - Records of Division.
§ 20-43.1 - Disclosure of personal information in motor vehicle records.
§ 20-43.2 - Internet access to organ donation records by organ procurement organizations.
§ 20-43.4 - Current list of licensed drivers to be provided to jury commissions.
§ 20-44 - Authority to grant or refuse applications.
§ 20-45 - Seizure of documents and plates.
§ 20-47 - Division may summon witnesses and take testimony.
§ 20-49 - Police authority of Division.
§ 20-49.1 - Supplemental police authority of Division officers.
§ 20-49.2 - Supplemental authority of State Highway Patrol Motor Carrier Enforcement officers.
§ 20-49.3 - Bureau of License and Theft; custody of seized vehicles.
§ 20-50 - Owner to secure registration and certificate of title; temporary registration markers.
§ 20-51 - Exempt from registration.
§ 20-52 - Application for registration and certificate of title.
§ 20-52.1 - Manufacturer's certificate of transfer of new motor vehicle.
§ 20-52.2 - Unregisterable certificate of title.
§ 20-53 - Application for specially constructed, reconstructed, or foreign vehicle.
§ 20-53.1 - Specially constructed vehicle certificate of title and registration.
§ 20-53.4 - Registration of mopeds; certificate of title.
§ 20-53.5 - Titling and registration of HMMWV.
§ 20-54 - Authority for refusing registration or certificate of title.
§ 20-54.1 - Forfeiture of right of registration.
§ 20-55 - Examination of registration records and index of seized, stolen, and recovered vehicles.
§ 20-56 - Registration indexes.
§ 20-57 - Division to issue certificate of title and registration card.
§ 20-58 - Perfection by indication of security interest on certificate of title.
§ 20-58.1 - Duty of the Division upon receipt of application for notation of security interest.
§ 20-58.2 - Date of perfection.
§ 20-58.3 - Notation of assignment of security interest on certificate of title.
§ 20-58.4 - Release of security interest.
§ 20-58.4A - Electronic lien system.
§ 20-58.6 - Duty of secured party to disclose information.
§ 20-58.7 - Cancellation of certificate.
§ 20-58.8 - Applicability of §§ 20-58 to ; use of term "lien".
§ 20-58.10 - Effective date of §§ 20-58 to 20-58.9.
§ 20-60 - Owner after transfer not liable for negligent operation.
§ 20-61 - Owner dismantling or wrecking vehicle to return evidence of registration.
§ 20-62.1 - Purchase of vehicles for purposes of scrap or parts only.
§ 20-63.01 - Bonds required for commission contractors.
§ 20-63.02 - Advisory committee of commission contractors.
§ 20-63.1 - Division shall cause plates to be reflectorized.
§ 20-64 - Transfer of registration plates to another vehicle.
§ 20-66 - Renewal of vehicle registration.
§ 20-67 - Notice of change of address or name.
§ 20-68 - Replacement of lost or damaged certificates, cards and plates.
§ 20-69 - Division authorized to assign new engine number.
§ 20-70 - Division to be notified when another engine is installed or body changed.
§ 20-71.2 - Declaration of purpose.
§ 20-71.3 - Salvage and other vehicles titles and registration cards to be branded.
§ 20-71.4 - Failure to disclose damage to a vehicle shall be a misdemeanor.
§ 20-72.1 - Transfer by owner when a certificate of title is unavailable; consumer remedies.
§ 20-73 - New owner must get new certificate of title.
§ 20-74 - Penalty for making false statement about transfer of vehicle.
§ 20-75 - When transferee is a charitable organization, dealer, or insurance company.
§ 20-75.1 - Conditional delivery of motor vehicles.
§ 20-76 - Title lost or unlawfully detained; bond as condition to issuance of new certificate.
§ 20-77 - Transfer by operation of law; sale under mechanic's or storage lien; unclaimed vehicles.
§ 20-78 - When Division to transfer registration and issue new certificate; recordation.
§ 20-79 - Dealer license plates.
§ 20-79.01 - Special sports event temporary license plates.
§ 20-79.02 - Loaner/Dealer "LD" license plate for franchised dealer loaner vehicles.
§ 20-79.1A - Limited registration plates.
§ 20-79.2 - Transporter plates.
§ 20-79.3A - Requirements to establish a special registration plate.
§ 20-79.4 - Special registration plates.
§ 20-79.5 - Special registration plates for elected and appointed State government officials.
§ 20-79.6 - Special registration plates for members of the judiciary.
§ 20-79.7 - Fees for special registration plates and distribution of the fees.
§ 20-79.8 - Expiration of special registration plate authorization.
§ 20-81.12 - Collegiate insignia plates and certain other special plates.
§ 20-83 - Registration by nonresidents.
§ 20-84 - Permanent registration plates; State Highway Patrol.
§ 20-84.2 - Definition; reciprocity; Commissioner's powers.
§ 20-85.1 - Registration by mail; one-day title service; fees.
§ 20-86 - Penalty for engaging in a "for-hire" business without proper license plates.
§ 20-86.1 - International Registration Plan.
§ 20-87 - Passenger vehicle registration fees.
§ 20-87.1 - Interchange of passenger buses with nonresident common carriers of passengers.
§ 20-88 - Property-hauling vehicles.
§ 20-88.02 - Registration of logging vehicles.
§ 20-88.03 - Late fee; motor vehicle registration.
§ 20-91 - Audit of vehicle registrations under the International Registration Plan.
§ 20-95 - Prorated fee for license plate issued for other than a year.
§ 20-97 - Taxes credited to Highway Fund; municipal vehicle taxes.
§ 20-100 - Vehicles junked or destroyed by fire or collision.
§ 20-101 - Certain business vehicles to be marked.
§ 20-101.1 - Conspicuous disclosure of dealer administrative fees.
§ 20-101.2 - Conspicuous disclosure of dealer finance yield charges.
§ 20-101.3 - Conspicuous disclosure of dealer shop and other service-related fees.
§ 20-102 - Report of stolen and recovered motor vehicles.
§ 20-102.1 - False report of theft or conversion a misdemeanor.
§ 20-102.2 - Report of failure to return hired motor vehicles.
§ 20-103 - Reports by owners of stolen and recovered vehicles.
§ 20-104 - Action by Division on report of stolen or embezzled vehicles.
§ 20-106.1 - Fraud in connection with rental of motor vehicles.
§ 20-106.2 - Sublease and loan assumption arranging regulated.
§ 20-108 - Vehicles or component parts of vehicles without manufacturer's numbers.
§ 20-109 - Altering or changing engine or other numbers.
§ 20-109.1 - Surrender of titles to salvage vehicles.
§ 20-109.1A - Application for unregisterable certificate of title.
§ 20-109.2 - Surrender of title to manufactured home.
§ 20-109.3 - Disposition of vehicles abandoned by charitable organizations.
§ 20-110 - When registration shall be rescinded.
§ 20-111 - Violation of registration provisions.
§ 20-112 - Making false affidavit perjury.
§ 20-114 - Duty of officers; manner of enforcement.
§ 20-115 - Scope and effect of regulations in this Part.
§ 20-115.1 - Limitations on tandem trailers and semitrailers on certain North Carolina highways.
§ 20-116 - Size of vehicles and loads.
§ 20-117 - Flag or light at end of load.
§ 20-117.1 - Requirements for mirrors and fuel container.
§ 20-118 - Weight of vehicles and load.
§ 20-118.1 - Officers may weigh vehicles and require overloads to be removed.
§ 20-118.2 - Authority to fix higher weight limitations at reduced speeds for certain vehicles.
§ 20-119 - Special permits for vehicles of excessive size or weight; fees.
§ 20-119.1 - Use of excess overweight and oversize fees.
§ 20-121 - When authorities may restrict right to use highways.
§ 20-122 - Restrictions as to tire equipment.
§ 20-122.1 - Motor vehicles to be equipped with safe tires.
§ 20-123 - Trailers and towed vehicles.
§ 20-123.1 - Steering mechanism.
§ 20-125 - Horns and warning devices.
§ 20-125.1 - Directional signals.
§ 20-127 - Windows and windshield wipers.
§ 20-128 - Exhaust system and emissions control devices.
§ 20-128.1 - Control of visible emissions.
§ 20-128.2 - Motor vehicle emission standards.
§ 20-129 - Required lighting equipment of vehicles.
§ 20-129.1 - Additional lighting equipment required on certain vehicles.
§ 20-129.2 - Lighting equipment for mobile homes.
§ 20-130 - Additional permissible light on vehicle.
§ 20-130.1 - Use of red or blue lights on vehicles prohibited; exceptions.
§ 20-130.2 - Use of amber lights on certain vehicles; limited use.
§ 20-130.3 - Use of white or clear lights on rear of vehicles prohibited; exceptions.
§ 20-131 - Requirements as to headlamps and auxiliary driving lamps.
§ 20-133 - Enforcement of provisions.
§ 20-134 - Lights on parked vehicles.
§ 20-135.2 - Safety belts and anchorages.
§ 20-135.2A - (See Editor's note) Seat belt use mandatory.
§ 20-135.3 - Seat belt anchorages for rear seats of motor vehicles.
§ 20-135.4 - Certain automobile safety standards.
§ 20-136.1 - Location of television, computer, or video players, monitors, and screens.
§ 20-136.2 - Counterfeit supplemental restraint system components and nonfunctional airbags.
§ 20-137.1 - Child restraint systems required.
§ 20-137.2 - Operation of vehicles resembling law-enforcement vehicles unlawful; punishment.
§ 20-137.3 - Unlawful use of a mobile phone by persons under 18 years of age.
§ 20-137.4 - Unlawful use of a mobile phone.
§ 20-137.4A - Unlawful use of mobile telephone for text messaging or electronic mail.
§ 20-137.5 - Child passenger safety technician; limitation of liability.
§ 20-137.6 - Declaration of purpose.
§ 20-137.7 - Definitions of words and phrases.
§ 20-137.8 - Secretary may adopt rules and regulations.
§ 20-137.9 - Removal from private property.
§ 20-137.10 - Abandoned and derelict vehicles to be tagged; determination of value.
§ 20-137.11 - Title to vest in State.
§ 20-137.12 - Secretary may contract for disposal.
§ 20-137.13 - No liability for removal.
§ 20-137.14 - Enclosed, antique, registered and certain other vehicles exempt.
§ 20-138.1 - Impaired driving.
§ 20-138.2 - Impaired driving in commercial vehicle.
§ 20-138.2A - Operating a commercial vehicle after consuming alcohol.
§ 20-138.2C - Possession of alcoholic beverages while operating a commercial motor vehicle.
§ 20-138.3 - Driving by person less than 21 years old after consuming alcohol or drugs.
§ 20-138.5 - Habitual impaired driving.
§ 20-138.7 - Transporting an open container of alcoholic beverage.
§ 20-140.2 - Overloaded or overcrowded vehicle.
§ 20-140.4 - Special provisions for motorcycles and mopeds.
§ 20-140.5 - Special mobile equipment may tow certain vehicles.
§ 20-141 - Speed restrictions.
§ 20-141.1 - Speed limits in school zones.
§ 20-141.3 - Unlawful racing on streets and highways.
§ 20-141.5 - Speeding to elude arrest; seizure and sale of vehicles.
§ 20-141.6 - Aggressive Driving.
§ 20-142.1 - Obedience to railroad signal.
§ 20-142.2 - Vehicles stop at certain grade crossing.
§ 20-142.3 - Certain vehicles must stop at railroad grade crossing.
§ 20-142.4 - Moving heavy equipment at railroad grade crossing.
§ 20-142.5 - Stop when traffic obstructed.
§ 20-144 - Special speed limitation on bridges.
§ 20-145 - When speed limit not applicable.
§ 20-146 - Drive on right side of highway; exceptions.
§ 20-146.1 - Operation of motorcycles.
§ 20-146.2 - Rush hour traffic lanes authorized.
§ 20-147 - Keep to the right in crossing intersections or railroads.
§ 20-147.1 - Passenger vehicle towing other vehicles to keep right.
§ 20-148 - Meeting of vehicles.
§ 20-149 - Overtaking a vehicle.
§ 20-150 - Limitations on privilege of overtaking and passing.
§ 20-150.1 - When passing on the right is permitted.
§ 20-152 - Following too closely.
§ 20-153 - Turning at intersections.
§ 20-154 - Signals on starting, stopping or turning.
§ 20-156 - Exceptions to the right-of-way rule.
§ 20-157.1 - Funeral processions.
§ 20-158 - Vehicle control signs and signals.
§ 20-158.1 - Erection of "yield right-of-way" signs.
§ 20-158.2 - Control of vehicles on Turnpike System.
§ 20-158.3 - Emergency entry to controlled access roads.
§ 20-160 - Driving through safety zone or on sidewalks prohibited.
§ 20-160.1 - Failure to yield causing serious bodily injury; penalties.
§ 20-161 - Stopping on highway prohibited; warning signals; removal of vehicles from public highway.
§ 20-161.1 - Regulation of night parking on highways.
§ 20-162.1 - Prima facie rule of evidence for enforcement of parking regulations.
§ 20-162.2 through 20-162.3 - Transferred to §§ 20-219.2, 20-219.3 by Session Laws 1973, c1330, s36.
§ 20-163 - Unattended motor vehicles.
§ 20-166.1 - Reports and investigations required in event of accident.
§ 20-166.2 - Duty of passenger to remain at the scene of an accident.
§ 20-166.3 - Limit storage duration for vehicle damaged as a result of a collision.
§ 20-167 - Vehicles transporting explosives.
§ 20-167.1 - Transportation of spent nuclear fuel.
§ 20-168 - Drivers of State, county, and city vehicles subject to the provisions of this Article.
§ 20-169 - Powers of local authorities.
§ 20-171 - Traffic laws apply to persons riding animals or driving animal-drawn vehicles.
§ 20-171.7 - Legislative findings and purpose.
§ 20-171.9 - Requirements for helmet and restraining seat use.
§ 20-171.15 - Age restrictions.
§ 20-171.17 - Prohibited acts by sellers.
§ 20-171.18 - Equipment requirements.
§ 20-171.19 - Prohibited acts by owners and operators.
§ 20-171.20 - Safety training and certificate.
§ 20-171.26 - Motorized all-terrain vehicle use by disabled sportsmen.
§ 20-172 - Pedestrians subject to traffic-control signals.
§ 20-173 - Pedestrians' right-of-way at crosswalks.
§ 20-174 - Crossing at other than crosswalks; walking along highway.
§ 20-174.1 - Standing, sitting or lying upon highways or streets prohibited.
§ 20-174.2 - Local ordinances; pedestrians gathering, picketing, or protesting on roads or highways.
§ 20-175 - Pedestrians soliciting rides, employment, business or funds upon highways or streets.
§ 20-175.1 - Public use of white canes by other than blind persons prohibited.
§ 20-175.3 - Rights and privileges of blind persons without white cane or guide dog.
§ 20-175.6 - Electric personal assistive mobility devices.
§ 20-175.16 - Personal delivery devices authorized; operation; equipment.
§ 20-175.17 - Local regulation.
§ 20-176 - Penalty for misdemeanor or infraction.
§ 20-177 - Penalty for felony.
§ 20-178 - Penalty for bad check.
§ 20-178.1 - Payment and review of civil penalty imposed by Department of Public Safety.
§ 20-179.1 - Presentence investigation of persons convicted of offense involving impaired driving.
§ 20-179.3 - Limited driving privilege.
§ 20-179.5 - Affordability of ignition interlock system.
§ 20-181 - Penalty for failure to dim, etc., beams of headlamps.