18080.7
. (a) Each person acquiring or retaining a security interest
in a manufactured home, mobilehome, commercial coach, truck camper,
or floating home subject to registration under this part, unless the
collateral is inventory, shall forward or cause to be forwarded to
the department the application for original registration contemplated
by Section 18085 with respect to a security interest acquired or
retained at or before original registration, or the certificate of
title or current registration card with appropriate insertions and
signatures as respectively contemplated by Section 18100.5 with
respect to a security interest acquired or retained at a time
subsequent to original registration, together with the filing fee
prescribed by department regulations.
(b) A security interest in a manufactured home, mobilehome,
commercial coach, truck camper, or floating home subject to
registration under this part, unless the collateral is inventory, is
perfected when it has attached as contemplated by subdivision (a) and
by subdivision (a) of Section 9203 of the Commercial Code and when
the department has received the items required by subdivision (a),
whichever occurs later, except as otherwise provided by Section 9313
of the Commercial Code. The department may adopt regulations
authorizing its acceptance of a statement of lien by means of
electronic facsimile. If the department adopts these regulations, a
security interest may also be perfected when it has attached and when
the department has received the electronic facsimile, whichever
occurs later, subject to the receipt by the department of the items
required by subdivision (a), other than the fee, within 10 days of
the date of its receipt of the electronic facsimile, provided that
the fee required by subdivision (a) is paid in a timely fashion
pursuant to these regulations.
(c) Except as otherwise provided in subdivision (b) of Section
18100.5, upon receipt of the items required by subdivision (a), the
department shall establish or amend the permanent title record of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home to reflect the interest of the secured party as of that
date or, if within the preceding 10-day period the department has
received an electronic facsimile of the statement of lien, as of the
date of receipt of the electronic facsimile, provided that the fee
required by subdivision (a) is paid in a timely fashion and the
department actually receives the statement of lien within 10 days of
its receipt of the electronic facsimile.
(d) Upon establishing or amending the permanent title record, the
department shall issue to the registered owner a current registration
card indicating the interest of the secured party and shall forward
a copy of that registration card to all persons holding a record
security interest in the manufactured home, mobilehome, commercial
coach, truck camper, or floating home.
(e) Except as otherwise provided in subdivision (b) of Section
18100.5, the department shall not refuse to establish or amend the
permanent title record to indicate a security interest which is
authorized by law to be recorded and which would otherwise satisfy
statutory requirements for departmental documentation and recordation
on the basis of lack of knowledge as to the attachment of the
security interest prior to its receipt of the statement of lien or an
electronic facsimile thereof.
(f) The department shall designate the holder of a perfected
security interest as either the legal owner or a junior lienholder as
provided in this article, Article 3 (commencing with Section 18085),
or Article 4 (commencing with Section 18098), as applicable.
(g) The failure of a secured party to perfect a security interest
for which there has been attachment shall not impair or affect in any
way its enforceability against the registered owner or debtor with
respect to the manufactured home, mobilehome, commercial coach, truck
camper, or floating home.
(h) Except as otherwise provided in this part, a security interest
in a manufactured home, mobilehome, commercial coach, truck camper,
or floating home subject to registration with the department is
governed by Division 9 (commencing with Section 9101) of the
Commercial Code.