MOBILE/MANUFACTURED HOMES - process to convert to "REAL PROPERTY"

By
Title Insurance with LandAmerica/Lawyers Title Co.

In the State of Michigan a Public Act (NO.44) was effective as of July 14th, 2003.  In this Act, it contains provisions that allow an owner to affix a mobile home/manufactured housing unit to real property by means of an Affidavit of Affixture.  In other words, the unit is changed from personal property to real property.

To become a fixture to real property the manufactures housing unit must have its wheels, axles and towing hitches removed, be permanently attached to the land, and connected to a septic tank, sewage system or public sewer and other utilities.

The reason behind the need for the Affidavit of Affixture is this.  Prior to 2003 if a mobile/manufactured unit was included in a bankruptcy case, the mobile/manufactured unit could be sold at auction to pay back debtors in the bankruptcy.  This was done and left the mortgage company left holding nothing but the land and possibly a hole in the ground...not good.  This affidavit converts this mobile/manufactured unit from personal property to Real property...so it can not be sold at auction due to bankruptcy.

The Affidavit of Affixture form can be downloaded as per this link:

http://www.michigan.gov/documents/dleg_bccfs_mhaffida_134013_7.pdf

 

After completion, the owner may send the form to:

Michigan Department of Consumers and Industry Services

PO Box 30255

Lansing, MI 48909

(Phone: 517-241-9317)

 

Or for faster service you may overnight completed form to:

 

Michigan Department of Consumer and Industry Services

2501 Woodlake Circle

Okemos, MI 48864

NOTE: overnight packages are usually processed and returned in 7 to 10 business days. 

 

Either way you submit you are required to include an additional self-addressed stamped envelope or a completed overnight slip/envelope for the approved affidavit to be returned.

 

LOST TITLE REPLACEMENT

 

This is the procedure as we understand it currently.  This is subject to change without notice from the Michigan Department of Consumers and Industry Service.

 

When the current owner of a mobile home has lost the title, a duplicate will need to be obtained from the Secretary of State.  A mobile home title application can be obtained at any branch office of the Secretary of State.  They have records for the last 10 to 12 years (sometimes more) and can issue a duplicate title.

 

When title in the current owners name is lost and there is no record at the office of the Secretary of State, or a transfer to the current owner was not made, proof of ownership must be submitted with the mobile home title application.  This proof may be on of the following:

 

•1)   Property tax receipts in the name of the applicant.  Along with the receipt, information is needed from the assessing jurisdiction that the mobile home is part of the property.

•2)   A court order establishing ownership.  The year and make or VIN must be included in the court order.

•3)   A surety bond (Form TR-122).  Mobile home surety bonds are posted for twice the value of the mobile home for 5 years.  After 5 years the bond is returned to the insurance company if no claims were filed.  (The owner can sell the mobile home before the 5 year period is up.)

 

The following is the procedure for obtaining a title using a mobile home surety bond:

 

•1)   The applicant will need to provide the mobile home's VIN.  If a VIN cannot be found, a VIN number will need to be assigned.  Contact the Secretary of State for the procedure to assign a VIN.

•2)   The applicant submits a properly completed TR-122 mobile home surety bond form. (Available at the Secretary of States office). Also submit the bond company's authorization to issue surety bonds.  This document shows the company's restrictions for issuing bonds.

•3)    Complete a TR-34 certification statement explaining from whom, how, when and where the mobile home was acquired.  The certification must include a statement which confirms inspection of the VIN (e.g. "I have examined the serial number on this mobile home and it is number_____.)"

•4)     Any lien shown on the title record must be terminated.

•5)     Complete a mobile home title application (Form S-110)

•6)     A Fee of $90.00 will be charged.   When applicable, a use tax fee may also be used.

 

NOTE:  sometimes the Secretary of States offices may accept information other than that outlined above as proof of ownership of the mobile home and be willing to issue a vehicle title.  Since considerable expense is involved in some of the above options, it may be worth taking all the information available to their office to see if it may be sufficient.

 

IF THE DEALER YOU BOUGHT IT FROM GOES OUT OF BUSINESS

 

The Manufactured Housing Division can assist in obtaining a title when a person who bought a mobile home from a dealer did not receive the title and the dealership is out of business.  You will need to provide some type of proof of purchase, such as:

 

•1)    Cancelled check

•2)    Money order purchased by the owner

•3)     Purchase agreement

•4)     Financing records

•5)     Bank records

 

You will also need to obtain a certification statement showing the correct VIN number on the mobile home.

 

Call the Manufactured Housing Division at 517-241-6300 for assistance.

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Show All Comments
Rainer
153,261
Scott Gormley
Oak Valley Mortgage-California Home Loans and Refinancing - Chico, CA

Good info for clients :)

I need to come up with my own CA version for the 10 calls I get a day on the topic :)

Scott

April 23, 2007 01:15 PM #1
Rainer
6,131
Keith Jarrett
LandAmerica/Lawyers Title Co. - Grand Rapids, MI

Scott,

 thanks for the comment.  If you are interested we have an agent there in Chico:

Mid Valley Title and Escrow

601 Main St.

Chico, CA 95928

phone: 530-893-5644

They may have some proceedure already in place...no need to make a new wheel!!

keith

April 23, 2007 01:22 PM #2
Rainer
6,504
Ron Mienk
Coldwell Banker - Schmidt - Saint Ignace, MI

       Keith

   Great info. I am a Realtor in Northern Michigan, I run across these type of properties on a daily basis.

 These is good info usful for the buyer and seller.

April 23, 2007 01:43 PM #3
Rainer
6,131
Keith Jarrett
LandAmerica/Lawyers Title Co. - Grand Rapids, MI

Ron,

Let me know if you need any assistance on these...they can be "fun".  Did you know that you can sell a home warranty on a mobile home??  check out an associate of mine on activerain by the name of Craig Boening located in Kent County...he will be able to help you out!!

 thanks,

keith

April 23, 2007 02:17 PM #4
Rainer
6,504
Ron Mienk
Coldwell Banker - Schmidt - Saint Ignace, MI

Keith

Thanks for the info. I will print this off, And keep for future use, dont be suprised when I may have a question or two for you. Thanks for the reply.

April 23, 2007 02:31 PM #5
Rainmaker
374,933
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!
This is great info...I wish this blog had been available when we were working through a process with a manufactured home.  I'm bookmarking for future reference.  Thanks.
May 05, 2007 06:42 PM #6
Anonymous
Anonymous
Jeannette

Keith,

How do I find out who holds the title on a double wide? It was abandoned and I acquired the property its sitting on. There are no wheels, axles or tongue and a concrete slab was poured against the side where the tongue used to be.

I am located in Tennessee. I have searched at the DMV and court house, but there doesnt seem to be any records for this home. I do have the serial # and hud #. Where do I go to find out who its titled to and if there are any liens on it?

Thanks for your help.

February 03, 2009 03:41 AM #7
Rainmaker
906,328
Tony Marriott
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Associate Broker, REALTOR

The first challenge we have with a current approved Short Sale is excavating the concrete that the owner poured over the access hatch!

August 06, 2010 07:00 PM #8
Rainer
2,243
Steve "Topper" Stark
JoAnn Wine & Associates - Marysville, MI

Thanks for the information Keith. Very clear and easy to understand. Good information that I will share with my sellers.

August 31, 2010 08:07 AM #9
Anonymous
Anonymous
Kim
I'm stuck in a title nightmare. I purchased a manufactured home on 3 acres 15 years ago. At the time I was not given a title and have refinance the house twice since then. With interests rates so low, I wanted to do another refinance, but was told I need a title. I've been to the SOS and the can' t do anything without an assuring bond ($1200.00) or a court order. I have contacted several different departments in the state, but keep getting sent back to SOS, they send me back to another dept......The home is mounted on a full foundation, attached to well and septic, it's not like it's going anywhere. I took mey original papers from closing, the land deed, and property tax statements showing ownership, but that's not good enough. HELP!!!!!!! How do I go about getting a court order? Can I take it to court myself or do I need to hire a lawyer?
April 21, 2012 07:35 PM #10
Rainmaker
308,551
John DL Arendsen
TAG Real Estate Sales & Investments & ON THE LEVEL GC - Leucadia, CA
Real Estate Bkr, Factory Built home Dealer/Devlpr

I'm a little late for the party but I just found this post and wanted to invite you to join our Active Rain Group: http://activerain.com/groups/manufacturedhomes.

We offer a Nationwide service for providing affidavits of affixtrue, engineered certifications and foundation retrofitting. We'd love to have you post any MH contributions you have to our link.

February 03, 2014 07:25 PM #11
Anonymous
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Rainer
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Keith Jarrett

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