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La. R.S. 9:1149.7

Deimmobilization; declaration; detachment or removal

Added by Acts 1982, No. 524, §1, eff

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.

Official source: Louisiana State Legislature. Reproduced from public-domain Louisiana statutes; confirm against the official source for the current text. Not legal advice.