8-2-183. Status of home as part of real property; rights and remedies of holders of liens or security interests.

When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy of the Certificate of Permanent Location is properly filed with the commissioner, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property.#

When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.#

Notwithstanding subsections (a) and (b) of this Code Section or any other provision of law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the superior court, the filing of a certified copy of the Certificate of Permanent Location with the commissioner, and the surrender of a certificate of title as provided in this subpart shall not impair the rights and remedies of a prior holder of a lien or security interest in a home until such lien or security interest has been paid off or satisfied. Such prior holder shall continue to have all rights and remedies provided by law and by contract in such home as if such home is classified as personal property and shall continue to have priority in such home, including the same priority against encumbrancers or owners of the real property that such prior holder had when such home was classified as personal property. A prior holder exercising such personal property rights and remedies as described in this subsection may remove the home from the real property where it is located without the prior written consent of the owner of such real property or the written consent of the holders of security interests in such real property and without complying with the requirements of Subpart 2 of this part.#

Notwithstanding any other provision of law to the contrary, a holder of a lien or security interest in a home exercising personal property remedies as described in subsection (c) of this Code section may apply for a certificate of title in such home as provided in subsection (a) of Code Section 40-3-34, except the last certificate of title shall not be required in connection with such application. The commissioner or the commissioner’s duly authorized county tag agent shall issue a new certificate of title to such holder making an application as provided in Code Section 40-3-35, and such home shall be treated as personal property for all purposes until later converted to real property as provided for in this subpart.#

Notwithstanding any other provision of law to the contrary, a transferee acquiring a home from a holder of a lien or security interest in such home exercising personal property remedies as described in subsection (c) of this Code section may apply for a certificate of title in such home, as provided in subsection (b) of Code Section 40-3-34, except the last certificate of title shall not be required in connection with such application. The commissioner or the commissioner’s duly authorized county tag agent shall issue a new certificate of title to the person making such application as provided in Code Section 40-3-35, and such home shall be treated as personal property for all purposes until later converted to real property as provided for in this subpart.#

Notwithstanding subsections (a) and (b) of this Code Section or any other provision of law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the superior court, the filing of a certified copy of the Certificate of Permanent Location with the commissioner, and the surrender of a certificate of title under this subpart shall not impose additional licensing, affirmative conduct, or prohibited acts on the holder of a personal property lien or security interest on a home or such holder’s service providers or agents.#