Vermont H 757: An act relating to manufactured homes and limited equity cooperatives

Bill Text

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VT LEG #390248 v.1
No. 155. An act relating to manufactured homes and limited equity
cooperatives.
(H.757)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Manufactured Homes * * *
Sec. 1. 9 V.S.A. chapter 72 is amended to read:
CHAPTER 72. MOBILE HOMES
§ 2601. DEFINITIONS
(a) As used in this chapter, unless the context requires otherwise, “mobile
home” means:
(1) A mobile home as defined in 10 V.S.A. § 6201.
(2) An unmotorized vehicle, other than a travel or recreational trailer,
designed to be towed and designed or equipped for use as sleeping, eating, or
living quarters.
(b) A mobile home remains a mobile home for purposes of this chapter
even though it may be used for advertising, sales, display, or promotion of
merchandise or services, or for any other commercial purposes except the
transportation of property.
(c) A mobile home that was financed as residential real estate shall be
defined as residential real estate.
(d) “Permanently sited” means the mobile home has become affixed to the
land. Factors that tend to show a mobile home is permanently sited include
one or more of the following:

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(1) The mobile home has been set up on blocks or otherwise stabilized
so that the wheels do not form a major part of the structural support.
(2) The mobile home has been connected to utilities such as electricity,
sewage, water, gas, or oil.
(3) Skirting has been installed around the base of the mobile home.
(4) The wheels or axles have been removed.
(5) The mobile home has been situated in a place that makes removal
unlikely.
* * *
§ 2604. REAL ESTATE DEEDS FOR MOBILE HOMES
(a) Any mobile home purchased from a mobile home dealer on or after
July 1, 2008, that is financed as residential real estate pursuant to subsection
2603(b) of this title shall be conveyed by a warranty deed drafted in
substantially the form provided in subsection (c) of this section.
(b) An owner of a mobile home shall, upon financing or refinancing a
mobile home as residential real estate or selling a mobile home that has been
financed as residential real estate or will be so financed by the grantee, issue to
the grantee either a warranty deed or a quitclaim deed that is drafted in
substantially the form provided in subsection (c) or (d) of this section.
(c) A warranty deed that is substantially in the form provided in this
subsection shall, when duly executed and delivered, have the force and effect
of a deed in fee simple to the grantee, the heirs, successors, and assigns, to

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their own use, with covenants on the part of the grantor, for the grantor, the
grantor’s heirs, executors, and administrators that, at the time of the delivery of
the deed, the grantor was lawfully seized in fee simple of the mobile home;
that the mobile home was free from all encumbrances, except as stated; that the
grantor had good right to sell and convey the same to the grantee, the grantee’s
heirs, successors, and assigns; and that the grantor and the grantor’s heirs,
executors, and administrators shall warrant and defend the same to the grantee
and the grantee’s heirs, successors, and assigns, against the lawful claims and
demands of all persons except as stated. No owner of land on which a mobile
home is sited shall unreasonably withhold the consent required by this
statutory form.
Form for Mobile Home Warranty Deed
__________, of __________, __________ County, State of __________,
(“Grantor”), for consideration paid, grants to __________ of Street, Town
(City) of __________, __________ County, State of __________ (“Grantee”),
with warranty covenants, the __________ (description of mobile home being
conveyed: name of manufacturer, model and serial number, and encumbrances,
exceptions, reservations, if any) which mobile home is situated, or is to be
situated, at __________ (state name of park, if any, and street address), Town
(City) of __________, __________ County, State of Vermont.
The tract or parcel of land upon which the mobile home is situated, or is to be
situated, is owned by __________ by deed dated and recorded at

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Book __________, Page __________ in the land records of the Town (City) of
__________.
__________ (wife) (husband spouse) of said Grantor, releases to said
Grantee all rights and other interests therein.
Signed this _____ day of __________, _____.
(Here add acknowledgment)
__________, owner of the tract or parcel of land upon which the
aforesaid mobile home is situated, or is to be situated, hereby consents to the
conveyance of the mobile home.
Signed this _____ day of __________, _____.
(Here add acknowledgment)
[ ] Check box if the mobile home has been relocated from one site to another
within Vermont, and attach a Relocation Statement in the form provided in
section 2606 of this title.
(d) A quitclaim deed that is substantially in the form provided i