Purpose: Rule making is a result of the last amendment to the rule referenced to a $25.00 fee was deleted although the regulation continued to indicate that a fee would be charged for manufactured home certificate of title elimination.

     Citation of Existing Rules Affected by this Order: Amending 1 [WAC 308-56A-505].

     Statutory Authority for Adoption: RCW 65.20.090.

      Adopted under notice filed as WSR 04-21-049 on October 18, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 21, 2004.

James A. Fellows

for Fred Stephens

Director

OTS-7582.2

AMENDATORY SECTION(Amending WSR 04-08-081, filed 4/6/04, effective 5/7/04)

WAC 308-56A-505   Elimination of manufactured home certificate of ownership (title) -- Eligibility.   (1) May I eliminate the certificate of ownership (title) on my manufactured home? You may eliminate the certificate of ownership (title) on your manufactured home provided you own or are purchasing the manufactured home and the land to which it is affixed as defined in RCW 65.20.020 and 65.20.030.

     (2) How do I apply to eliminate the certificate of ownership on my manufactured home? You must complete, record and submit a manufactured home application. The application to eliminate the certificate of ownership issued under chapter 46.12 RCW, and record ownership as real property under chapter 65.20 RCW or to transfer ownership in real property to a title under chapter 46.12 RCW, must be signed by all persons having an interest in the land and the manufactured home as defined in RCW 65.20.020.

     (3) What conditions must be met before the certificate of ownership can be eliminated? The following conditions must be met before the certificate of ownership will be eliminated:

     (a) The manufactured home must be affixed or be in the process of being affixed to the land.

     (b) The building permit office certification box on the elimination application must be completed by the issuing authority stating that the home was affixed or that a building permit has been issued for this purpose as described in RCW 65.20.040(3).

     (c) If a title company is involved in the elimination transaction, they must certify that the legal description of the land is true and correct per real property records.

     (d) ((The county auditor's recording office must certify that the manufactured home application has been completed correctly and that the applicant has sufficient documentation to proceed with recording the application.

     (e))) The completed application must be recorded with the county auditor's office in the county where the manufactured home and land are located.

     (((f))) (e) After recording, the original or a certified copy of the elimination application and any other documents required by the department must be submitted to a vehicle licensing office to complete the elimination process with the appropriate fees. A confirmation letter is sent from the department confirming the elimination of the certificate of ownership.

     (((g))) (f) Failure to finalize the elimination process with a vehicle licensing office will render the elimination incomplete until such time the original or certified copy of the recorded application and any other documents required by the department are submitted to a vehicle licensing office with the appropriate fees.

     (4) How do I complete the elimination of my manufactured home certificate of ownership with the department? ((You must submit the recorded manufactured home application)) After recording the original or a certified copy of the elimination application and any other documents required, it must be submitted to the department for processing ((and pay)) with payment of the applicable fees. After ((it)) the application has been processed, you will receive a confirmation letter from the department that your manufactured home certificate of ownership has been eliminated.

     (5) What are the fees for elimination of a manufactured home title? The fees for elimination of a manufactured home title are as follows:

     (a) Fees as provided in RCW 46.01.140 for each application.

     (b) Fees as provided in RCW 46.12.040 for each application.

     (c) A fee for each application to transfer a new or used manufactured home as provided in RCW 59.22.080.

     (d) A fee of twenty-five dollars for each application to ((defray)) cover the cost of processing documents and performing services as ((required by chapter 65.20)) described in RCW 65.20.090.

[Statutory Authority: RCW 46.01.110. 04-08-081, § 308-56A-505, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 65.20.110. 01-11-069, § 308-56A-505, filed 5/14/01, effective 6/14/01; 00-06-004, § 308-56A-505, filed 2/18/00, effective 3/20/00; 90-11-091, § 308-56A-505, filed 5/18/90, effective 6/18/90.]

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