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In the intricate landscape of property ownership, the Michigan Department of Licensing and Regulatory Affairs plays a pivotal role, particularly when it comes to ensuring the clear transfer of ownership for manufactured homes. This is where the MIchigan TR-122 form, a Uniform Surety Bond, becomes an essential document for individuals looking to secure a Certificate of Manufactured Home Ownership without clear evidence of ownership. Serving as a safeguard, this bond not only protects the interests of the applicant but extends its umbrella to cover potential losses or damages incurred by any prior owner, subsequent purchaser, or the state itself. The bond mandates a doubled valuation of the manufactured home as its sum, thereby setting a high standard of assurance against any defects in title or interest the principal might have in the home. Furthermore, it lays down specific conditions under which interested parties may claim damages, outlines the surety's liability cap, and delineates the circumstances leading to the bond's return after a five-year period, provided no claims have been made. By requiring this form, along with the signatures of both the applicant and a representative from an authorized surety company, Michigan ensures a level of security and responsibility in the transfer of these properties, thereby protecting the various stakeholders involved in the mobile home's lifecycle.

Preview - Michigan Tr 122 Form

Michigan Department of Licensing and Regulatory Affairs

Uniform Surety Bond for Manufactured Home

(To be filed with the application for Certificate of Manufactured Home Ownership)

Applicant Name

Date

Residence Address

City

State

Zip Code

The above applicant wishes to apply for a Certificate of Manufactured Home Ownership for the following unit:

Year

Make

Serial Number

Size

Because the Michigan Department of Licensing and Regulatory Affairs is not satisfied as to the ownership of this manufactured home, the department requires the applicant to file this bond as a condition of issuing a Certificate of Manufactured Home Ownership pursuant to section 125.2330a(2) of the Mobile Home Commission Act [MCL 125.2330(a)(2)].

We, ________________________________ , as Principal, and ___________________________________ ,

(Name of Applicant)(Name of Authorized Surety Company)

as Surety, by this instrument firmly bind ourselves, our heirs, executors, administrators and successors, and assigns, jointly and severally, to the Michigan Department of Licensing and Regulatory Affairs, its officers and employees, for the benefit of any interested person, in the amount of $________________________ Dollars.

The Principal shall indemnify and hold harmless the Department of Licensing and Regulatory Affairs, every employee of the Michigan Department of Licensing and Regulatory Affairs, any prior owner, any subsequent purchaser of the manufactured home described above, and their successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of a Certificate of Manufactured Home Ownership to the Principal for the unit described above, or on account of any defect in the right, title or interest of the Principal in the manufactured home.

This bond is subject to the following provisions:

1.Any interested party may bring an action in the party’s own name to recover on this bond any damages sustained by the party for any breach of the conditions for which the bond is deposited, and may recover costs and reasonable attorney fees.

2.The Surety’s aggregate liability to all interested persons shall not exceed the amount set forth above.

3.If the manufactured home is no longer titled in this state and the currently valid Certificate of Manufactured Home Ownership is surrendered, the latest the bond will be returned is at the end of five years from the time it was issued, unless the department receives notification of pending action to recover on this bond.

The Principal and Surety have executed this bond on ___________________________, 20 ______.

APPLICANT – PRINCIPAL

SURETY

X___________________________________

X___________________________________

(Signature of Principal or Authorized Agent of Principal)

(Signature of Authorized Agent of Surety Company)

____________________________________

____________________________________

(Print or Type Name)

(Print or Type Name)

TR-122 (01/12)

Michigan Department of Licensing and Regulatory Affairs

Manufactured Home Uniform Surety Bond

Instruction Sheet

1.Before you can title a manufactured home that has no clearly established record of ownership, you must file a Manufactured Home Uniform Surety Bond (TR-122) with the Michigan Department of State along with your application for Certificate of Manufactured Home Ownership.

2.The bond’s amount must equal twice the value of the manufactured home.

3.The person applying for the Certificate of Manufactured Home Ownership, whether an individual, partnership, firm or corporation, and a representative of the insurance company or bonding agency must sign the surety bond. Applicants are named as the “Principal” and must include their complete residence or business address.

4.The Michigan Department of Licensing and Regulatory Affairs must license the surety company. A duly authorized agent of the surety company must issue the bond. If the agent is a licensed nonresident agent, a licensed resident agent must countersign the bond.

5.The effective date of the bond must be no later than the date of application for the title.

6.A surety bond is issued for five years. If no claims are made against it at the end of five years, the department will return the bond.

Form Characteristics

Fact Detail
Form Name Michigan Department of Licensing and Regulatory Affairs Uniform Surety Bond
Form Number TR-122
Form Purpose To be filed with the application for Certificate of Manufactured Home Ownership
Requirement Reason Required when ownership of the manufactured home is not clearly established
Governing Law Mobile Home Commission Act pursuant to section 125.2330a(2) of the Michigan Compiled Laws (MCL 125.2330(a)(2))
Bond Amount Requirement Equal to twice the value of the manufactured home
Signatories on Bond The person applying for the Certificate and a representative of the authorized surety company
Surety Company Eligibility Must be licensed by the Michigan Department of Licensing and Regulatory Affairs
Bond Duration Issued for five years, returned if no claims are made against it
Application Co-requisite Must be filed alongside the application for Certificate of Manufactured Home Ownership

Guidelines on Utilizing Michigan Tr 122

Filling out the Michigan TR-122 form is a required step for individuals seeking to secure a Certificate of Manufactured Home Ownership when there isn't a clear record of ownership. This form functions as a bond, providing assurance to the Michigan Department of Licensing and Regulatory Affairs that any potential disputes over the home's ownership can be financially covered. Following a strict process ensures all involved parties are protected and the application is processed efficiently.

  1. Start by entering the Applicant Name at the designated spot on the form. Use the name of the individual or entity applying for the Certificate of Manufactured Home Ownership.
  2. Fill in the Date on which you are completing the form.
  3. Provide your Residence Address, including City, State, and Zip Code.
  4. Under the section about the manufactured home, input the Year, Make, Serial Number, and Size of the unit for which ownership is being established.
  5. In the section stating the bond requirement, the amount should be filled in where indicated. Remember, the bond amount must be double the value of the manufactured home.
  6. In the section for the Principal and Surety, enter the Name of the Applicant again as the Principal.
  7. Next, the Name of the Authorized Surety Company should be written in the space provided. Both the applicant and a representative from the surety company must sign the form.
  8. Ensure that the amount of the bond is correctly filled in, reflecting twice the home's value.
  9. At the bottom of the form, under the signatures section, both the Principal or an Authorized Agent of the Principal and an Authorized Agent of the Surety Company must sign and print their names.
  10. Confirm that the effective date of the bond is no later than the date of the application for the title. This is crucial for the validity of your application.

After completing these steps, the form, alongside the application for the Certificate of Manufactured Home Ownership, should be submitted to the appropriate department. The bonding process is critical in ensuring that all parties have recourse in the event of any disputes regarding ownership. Remember, this bond, if unclaimed, is returnable after five years, provided that the manufactured home is no longer titled in the state and the certificate has been duly surrendered. Successfully navigating through these steps is foundational in securing your rights as the owner of a manufactured home in Michigan.

Crucial Points on This Form

What is the Michigan TR-122 form?

The Michigan TR-122 form is a Uniform Surety Bond for Manufactured Home. It is required by the Michigan Department of Licensing and Regulatory Affairs when someone wants to apply for a Certificate of Manufactured Home Ownership but the ownership of the manufactured home is not clear. This bond acts as a security measure, ensuring that any claims, expenses, or damages related to the ownership of the home can be covered.

Why do I need this bond?

This bond is required as a condition for issuing a Certificate of Manufactured Home Ownership when the Michigan Department of Licensing and Regulatory Affairs cannot ascertain the home's ownership through regular means. It protects against losses or damages due to disputes over the title of the home.

How much does the bond need to be?

The bond amount must be twice the value of the manufactured home. This amount ensures sufficient coverage for any potential claims made against the ownership of the home.

Who needs to sign the TR-122 form?

The TR-122 form must be signed by the applicant, referred to as the "Principal", and an authorized agent of the surety company. The applicant can be an individual, partnership, firm, or corporation, and they must provide a complete residential or business address. The signature of a duly licensed surety company's authorized agent is also mandatory for the bond to be valid.

Is there a requirement for the surety company?

Yes, the surety company must be licensed by the Michigan Department of Licensing and Regulatory Affairs. If the bond is issued by a nonresident agent of the surety company, a licensed resident agent must countersign the bond.

When does the bond need to be effective?

The effective date of the bond must be on or before the date of application for the Certificate of Manufactured Home Ownership. This ensures that the bond coverage is in place when the application is being processed.

What is the duration of the bond?

The surety bond is issued for a period of five years. If no claims are made against the bond during this period, the Michigan Department of Licensing and Regulatory Affairs will return the bond to the applicant.

What happens if a claim is made against the bond?

If a claim is made against the bond, any interested party may recover damages sustained due to any breach of conditions for which the bond was posted. This includes recovery of costs and reasonable attorney fees. The liability of the surety to all interested persons cannot exceed the bond's amount. The department will follow legal processes to resolve the claim, protecting the rights of all parties involved.

Common mistakes

One common mistake when filling out the Michigan TR-122 form is not ensuring that the bond amount is exactly twice the value of the manufactured home. This specific requirement is critical, as failing to adhere to it can lead to the rejection of the application for the Certificate of Manufactured Home Ownership. The bond serves as a financial safeguard, and its amount is significant in protecting the interests of all parties involved.

Another error occurs when applicants do not properly identify and include both the Principal and Surety names. The Principal is essentially the applicant, while the Surety is the authorized surety company agreeing to be liable if the Principal fails to uphold the terms. Both names must be accurately listed to establish the bond's validity fully.

Frequently, individuals neglect to provide complete and accurate address information for both the Principal and the Surety. The Michigan Department of Licensing and Regulatory Affairs requires precise details for correspondence and for the legal aspects of the bond. Incomplete or incorrect addresses can delay the process significantly.

A crucial step that is often overlooked is verifying that the surety company is licensed by the Michigan Department of Licensing and Regulatory Affairs. If the bond is issued by an unlicensed surety company, it will not be accepted. This validation is essential to ensure that the bond is legally binding and recognized by the state.

Similarly, the requirement for a licensed resident agent to countersign the bond when it is issued by a licensed nonresident agent is frequently missed. This requirement is in place to ensure that the bond holds legal standing within Michigan, and overlooking this can invalidate the bond.

Submitting the bond without ensuring that its effective date is on or before the date of the application for the title is another common pitfall. The bond's effectiveness ties directly to the application process, and discrepancies in dates can result in processing delays or outright denial.

Applicants often forget that the bond must be issued for a five-year period. This specific term is mandatory, and any deviation can lead to complications with the state's acceptance of the bond. It is crucial to include the correct term to ensure compliance with state regulations.

Another mistake is not understanding that any interested party has the right to take action to recover on the bond if there's any breach of conditions. This misunderstanding can lead to issues if claims are made against the bond, as principals and sureties must be prepared for potential financial obligations.

Last but not least, not considering the return of the bond – if no claims are made against it at the end of five years, it will be returned by the department. Applicants often overlook this provision and fail to keep track of the bond's lifecycle, missing out on the possibility of reclaiming the bond if conditions are met.

Documents used along the form

When processing the Michigan TR-122 Form, a crucial document for individuals seeking to establish ownership of a manufactured home, several other forms and documents are often used in conjunction to ensure full compliance and protection for all parties involved. These additional documents play a vital role in providing a comprehensive framework for asserting and verifying ownership, satisfying legal requirements, and addressing any potential disputes or claims. Understanding these related forms and documents can streamline the process and safeguard interests.

  • Application for Certificate of Manufactured Home Ownership: This is the primary form accompanying the TR-122. It formally requests the issuance of a certificate acknowledging the applicant as the rightful owner of the manufactured home.
  • Title Application: A title application is necessary for registering the manufactured home under the applicant's name with the state's motor vehicle department or appropriate regulatory body. This application establishes legal ownership and is required for the home to be titled.
  • Proof of Manufactured Home Purchase Price or Fair Market Value: Documentation such as a sales receipt, bill of sale, or appraiser's valuation report is needed to establish the purchase price or current value of the manufactured home. This determines the bond amount required for the TR-122 form.
  • Power of Attorney (if applicable): When an agent or representative fills out the TR-122 on behalf of the applicant, a Power of Attorney document must be provided. This legal document authorizes the representative to act on the applicant's behalf in matters related to the manufactured home's ownership.
  • Release of Lien (if applicable): If there was a previous lien on the manufactured home, a Release of Lien must be submitted. This document, issued by the lienholder, confirms the lien has been satisfied and the lienholder relinquishes any legal claim to the property.
  • Manufactured Home Uniform Surety Bond Instruction Sheet: Although part of the TR-122 form package, the instruction sheet offers crucial guidance on completing and submitting the bond. It details the requirements for the bond's value, the parties involved, and the conditions under which the bond may be executed or returned.

Navigating the paperwork necessary for a manufactured home's ownership can be daunting. Each document serves a purpose, whether it's verifying the home's value, legally transferring ownership, or protecting the rights of all involved parties. By familiarizing oneself with these documents, applicants can ensure a smoother process in establishing their legal ties to their home, aligning with Michigan's regulations and safeguarding against future disputes.

Similar forms

  • Vehicle Title Bond: Similar to the Michigan TR-122 form, a vehicle title bond is required when a vehicle's ownership is in question, ensuring the department of motor vehicles can issue a new title to the applicant. Both serve as a form of protection against losses or damages arising from disputes over ownership. They both require the principal to pay twice the value of the subject (manufactured home or vehicle) as bond amount.

  • Construction Performance Bond: This bond guarantees that a construction project will be completed as per the terms and conditions of the contract. While it pertains to construction rather than home ownership, it shares similarities with the TR-122 form in ensuring compliance with specific conditions, protecting against losses, and involving a surety and a principal who is liable for fulfilling the contract or bond conditions.

  • Contractor License Bond: Required for contractors before they can be licensed, this bond ensures they will adhere to applicable laws and regulations. Like the TR-122 form, it involves a principal and a surety, and aims to protect against malpractices or financial losses, albeit in a different context (construction licensing vs. manufactured home ownership).

  • Fiduciary Bond: Used in legal settings, particularly in estates and guardianships, to ensure fiduciaries act in the best interests of their wards or the estate. Though its application is in the judicial system, it shares the TR-122's feature of providing a financial safeguard through a bond, guaranteeing the proper performance of duties, much like ensuring rightful ownership and protection against ownership disputes in the manufactured home’s context.

  • Notary Public Bond: Required for notaries to protect against damages caused by misconduct or negligence. While focused on notarial acts rather than home ownership, it similarly involves a bond safeguarding against wrongful actions, where the surety backs the notary (principal) to ensure compliance and protection for the public or affected parties.

Dos and Don'ts

When filling out the Michigan TR-122 form, it’s crucial to ensure accuracy and completeness to facilitate a smooth process for obtaining a Certificate of Manufactured Home Ownership. Here are the do’s and don’ts that can help guide you through this process:

Do's:
  • Ensure the bond amount is equal to twice the value of the manufactured home, as required.
  • Include the complete and accurate information for the “Principal,” which is the applicant applying for the Certificate of Manufactured Home Ownership.
  • Verify that the surety company is licensed by the Michigan Department of Licensing and Regulatory Affairs.
  • Make sure the bond is issued by a duly authorized agent of the surety company. If the agent is a licensed nonresident, a licensed resident agent must countersign the bond.
  • Confirm the effective date of the bond is on or before the date of application for the title.
  • Sign the form as required, both by the Principal (or authorized agent) and the Authorized Agent of the Surety Company, ensuring the signatures are legible.
  • Print or type names clearly under signatures for both the Principal and the Surety to avoid any confusion or misunderstanding.
  • Retain a copy of the completed form and any correspondence for your records.
  • Submit the form alongside your application for Certificate of Manufactured Home Ownership in a timely manner.
  • Reach out to the Michigan Department of Licensing and Regulatory Affairs for any clarifications or assistance needed in completing the form.
Don'ts:
  • Omit any sections or fields; incomplete forms may lead to delays or rejection of your application.
  • Estimate or guess information related to the manufactured home; ensure all details are accurate and verifiable.
  • Use a surety company not licensed by the Michigan Department of Licensing and Regulatory Affairs.
  • Forget to check the bond's expiration date to ensure it covers the required five-year period.
  • Sign the form without reviewing it for accuracy and completeness; errors can complicate the process.
  • Delay the submission of the form and application, as this may affect the processing times.
  • Ignore the requirement for a countersignature by a licensed resident agent if your surety agent is a nonresident.
  • Underestimate the importance of printing or typing names clearly under signatures.
  • Fail to keep a copy of the surety bond and related documentation for future reference.
  • Assume the process is complete upon submission; follow-up may be necessary.

Adhering to these guidelines can significantly smooth the process of securing a Certificate of Manufactured Home Ownership in Michigan. Always remember that accuracy, thoroughness, and compliance with the requirements set by the Michigan Department of Licensing and Regulatory Affairs are key to a successful application.

Misconceptions

There are several misconceptions regarding the Michigan TR-122 form, also known as the Uniform Surety Bond for Manufactured Home. Understanding these misconceptions is crucial for individuals looking to apply for a Certificate of Manufactured Home Ownership. Here are nine common misconceptions and the truths behind them:

  • The TR-122 form is no more than standard paperwork: The TR-122 plays a significant role in protecting the rights and interests of various stakeholders, including the applicant, prior owners, subsequent purchasers, and the state itself. It's not just routine paperwork but a critical legal instrument.
  • Any surety company can issue the bond required by the TR-122 form: In reality, the surety company issuing the bond must be licensed by the Michigan Department of Licensing and Regulatory Affairs. This requirement ensures that the bond is backed by a credible and authorized entity.
  • The bond amount is arbitrary: The amount of the surety bond must be twice the value of the manufactured home. This value ensures sufficient protection against possible damages or claims related to the home’s ownership.
  • Filing the TR-122 is optional for obtaining home ownership: This form is mandatory when there's no clear record of ownership for the manufactured home. It's a precondition for issuing a Certificate of Manufactured Home Ownership in such cases.
  • The bond only benefits the home’s current owner: The bond actually benefits any interested person, including prior owners, potential purchasers, and even the Michigan Department of Licensing and Regulatory Affairs, by safeguarding against losses due to ownership disputes.
  • Claims against the bond can exceed its total amount: The surety’s liability is capped at the bond's total amount. This limitation is crucial for both the surety's and the principal’s financial protection.
  • The bond's validity extends indefinitely if not claimed: The bond is issued for a period of five years. If no claims are made within this period and the manufactured home is no longer titled in Michigan, the department will return the bond.
  • Any interested party lacks standing to recover on this bond: Interested parties have the right to bring an action in their own name to recover damages for any breach of the bond's conditions. This provision empowers those affected by the principal’s failure to meet bond conditions to seek redress.
  • The signature of a nonresident agent on the bond suffices: If a nonresident agent is involved, a licensed resident agent must also countersign the bond. This rule ensures that the bond is duly authorized within Michigan's jurisdiction.

Clearing up these misconceptions is essential for anyone involved in the sale, purchase, or administration of manufactured homes in Michigan. Understanding the actual requirements and implications of the TR-122 form helps streamline the process of obtaining a Certificate of Manufactured Home Ownership while protecting all parties' interests.

Key takeaways

  • The Michigan Uniform Surety Bond for Manufactured Home, known as Form TR-122, is required for those wishing to obtain a Certificate of Manufactured Home Ownership when the ownership of the manufactured home is not clear. This form is vital for establishing a legal title.
  • To complete the process, the applicant must submit Form TR-122 along with the application for Certificate of Manufactured Home Ownership to the Michigan Department of Licensing and Regulatory Affairs.
  • The bond amount must be set at twice the value of the manufactured home. This requirement ensures that there are sufficient funds to cover any claims or disputes related to the ownership of the home.
  • Both the individual applying for the Certificate of Manufactured Home Ownership and a representative from the surety company, which provides the bond, must sign Form TR-122. The form requires detailed information, including the complete address of the principal (applicant).
  • A surety company issuing the bond must be licensed by the Michigan Department of Licensing and Regulatory Affairs. This ensures that the bond is backed by a reputable and legally recognized entity.
  • If the issuing agent of the surety company is not a Michigan resident, a licensed resident agent from Michigan must countersign the bond, ensuring adherence to state regulations and oversight.
  • The effective date of the bond should coincide with or precede the application date for the Certificate of Manufactured Home Ownership. This timing ensures that the bond is in full effect during the evaluation of the application.
  • The validity of a surety bond extends for five years. Assuming no claims have been made against it, the bond will be returned to the principal after this period, highlighting the temporary but essential role of this financial guarantee in securing title ownership.
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