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      RS 9:1149.7     

  

§1149.7. Deimmobilization; declaration; detachment or removal

            A. The owner of the immovable upon which a factory-built home is immobilized may deimmobilize the factory-built home by filing a declaration of deimmobilization in the conveyance records of the parish in which the immovable is located.

            B. The declaration shall contain all of the following:

            (1) A description of the factory-built home as described in the previous certificate of title or manufacturer's certificate of origin.

            (2) A description of the immovable upon which the factory-built home has been located.

            (3) A statement that the owner no longer desires for the factory-built home to be immovable.

            (4) A description of the declaration of immobilization, including the recording information.

            (5) The concurrence of the holder of any perfected security interest, recorded mortgages, or other real security encumbering the factory-built home.

            C. The owner may apply to the commissioner for a certificate of title according to the provisions of Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950. The commissioner shall issue a certificate of title upon the furnishing of all of the following:

            (1) A certificate of mortgages.

            (2) A certified copy of the declaration of deimmobilization as provided in Subsections A and B of this Section.

            (3) A release or cancellation of all mortgages previously encumbering the factory-built home or the immovable property upon which the factory-built home was located.

            D. Upon the issuance of a certificate of title by the commissioner, the factory-built home shall be deemed a movable and shall be subject to all laws concerning movable property.

            E. In the absence of rights of a third person in the factory-built home, the owner of an immovable upon which a factory-built home is located may deimmobilize the factory-built home by detachment or removal.

            Added by Acts 1982, No. 524, §1, eff. July 22, 1982; Acts 2024, No. 287, §2.



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