Louisiana § RS 9:1149.6 - Immobilization; declaration

§ RS 9:1149.6. Immobilization; declaration

            A. A factory-built home shall be immovable when there is a declaration by the owner of the factory-built home filed for registry in the conveyance records of the parish in which the immovable to which the factory-built home is attached is located.

            B. The declaration shall contain all of the following:

            (1) A description of the factory-built home as described in the certificate of title or manufacturer's certificate of origin and a description of the immovable upon which the factory-built home is located, including the name of a record owner of the immovable.

            (2) A declaration that the factory-built home shall remain permanently attached to the immovable.

            (3) The concurrence of the holder of any perfected security interest in the factory-built home.

            C. Upon the filing of the declaration, the factory-built home shall cease to be subject to the application of Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950 and the taxes applicable to movables and shall thereafter be subject to all laws concerning immovable property. Nothing in this Section shall be construed to affect the rights of the holder of a previously perfected security interest in the factory-built home. A previously perfected security interest in the factory-built home at the time of immobilization has the same priority over existing and subsequent mortgages and other encumbrances on the immovable as would a properly and timely perfected purchase-money security interest in fixtures.

            D. Upon the filing of the declaration provided by this Section, the owner of the factory-built home or his agent shall file with the secretary of the Department of Public Safety and Corrections a certified copy of the declaration. The secretary of the Department of Public Safety and Corrections shall create an internet-accessible, searchable database providing a public record of each filing, indicating the name of the owner of the factory-built home, the date of filing of the declaration in accordance with Subsection A of this Section, the parish where the declaration is filed, the year of manufacture, the name of the manufacturer, the dimensions and the vehicle identification number or numbers of the factory-built home, and the date of the secretary's filing of a copy of the declaration of immobilization.

            E. The secretary shall return to the owner or his agent an acknowledgment that the declaration has been received and the public record has been created. This acknowledgment shall contain information sufficient to allow the location of the public record to be ascertained. For creating this public record, the secretary of the Department of Public Safety and Corrections is authorized to charge and collect the fee provided in R.S. 32:412.1(A)(25). The failure of the owner or his agent to file a certified copy of the declaration of immobilization as provided in Subsection D of this Section shall not impair the validity or enforceability of the declaration as provided by this Section.

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