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1995 SESSION

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LD4532160
HOUSE BILL NO. 1505 Offered January 11, 1995 A BILL for the relief of Junious C. and Jerline D. Grant, Jr. ---------- Patron--Cooper ---------- Referred to Committee on Claims ----------

Whereas, on March 21, 1991, Junious C. and Jerline D. Grant (“the Grants”) purchased a mobile home from Surety Mobile Home Brokers, Ltd., t/a Budget Housing Center (“the dealer”) in Chesapeake, Virginia, and according to the sales agreement, paid the dealer $987.00 in sales and use tax; and

Whereas, the dealer forwarded the Manufacturer’s Statement of Origin to the lienholder, Peninsular Trust Bank, and failed to submit any fees to the Department of Motor Vehicles (DMV) to title the mobile home; and

Whereas, the dealer went out of business in December 1991, before the Grants could secure title to the mobile home through the dealer; and

Whereas, the Grants filed a complaint with DMV regarding title on their mobile home; and

Whereas, DMV informed the Grants the dealer had failed to remit the sales and use tax payment to DMV on the Grants’ behalf and that before a certificate of title could be issued on the mobile home, the Grants, as purchaser, must pay the title fee and the sales and use tax to DMV pursuant to § 58.1-2404 of the Code; and

Whereas, DMV also informed the Grants that they may seek recovery of their loss by submitting a claim to the Motor Vehicle Transaction Recovery Fund administered by DMV; and

Whereas, the Grants are unable to fulfill the requirements of the claim process for the Motor Vehicle Transaction Recovery Fund because the dealer has fled and his whereabouts are unknown; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby appropriated from the Motor Vehicle Transaction Recovery Fund the sum of $987.00 for the relief of Junious C. and Jerline D. Grant, Jr., to be paid by a check issued by the State Treasurer on a warrant of the Comptroller, upon execution by them of a release of all claims they may have against the Commonwealth and its political subdivisions, agencies, instrumentalities, officers, or employees in connection with, or arising out of, the aforesaid occurrence.