All State Mobile Home Guide - Revision history

Alanfields: /* Alabama */

2019-05-17T21:16:11Z

‎Alabama

Mattsandler: /* West Virginia */

2018-02-08T18:10:06Z

‎West Virginia

Mattsandler: /* Wyoming */

2018-02-08T18:09:23Z

‎Wyoming

Mattsandler: /* Wisconsin */

2018-02-08T18:09:08Z

‎Wisconsin

Mattsandler: /* Endnotes */

2018-02-08T18:07:29Z

‎Endnotes

Mattsandler: /* Endnotes */

2018-02-08T18:03:46Z

‎Endnotes

Mattsandler: /* Washington */

2018-02-08T18:01:44Z

‎Washington

Mattsandler: /* Endnotes */

2018-02-05T21:29:26Z

‎Endnotes

Mattsandler: /* Oregon */

2018-02-05T21:28:46Z

‎Oregon

Alanfields: /* Virginia */

2018-01-27T02:03:32Z

‎Virginia

@@ Line 32: / Line 32: @@
 ==Alabama==
-In Alabama, the retirement and conversion process is governed by Ala.Code 1975 §[http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/32-20-20.htm  32-20-20(b)] and Department of Revenue Procedure [http://revenue.alabama.gov/motorvehicle/mvrules/57566.pdf 810-5-75-.66].  Among other things, this process requires:
+In Alabama, the retirement and conversion process is governed by Ala.Code 1975 §[http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/32-20-20.htm  32-20-20(b)] and Department of Revenue Procedure [https://revenue.alabama.gov/wp-content/uploads/2017/08/810-5-75-.66.pdf 810-5-75-.66].  Among other things, this process requires:
 *That the manufactured home be permanently affixed to the parcel of real property
 *That the ownership of the manufactured home and real property be identical

@@ Line 217: / Line 217: @@
 ==West Virginia==
-Per W. Va. Code §17A-3-12b, The Commissioner of Motor Vehicles may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner of the mobile or manufactured home.  The persona requesting the cancellation shall submit to the Commissioner an application for cancellation together with the certificate of title.  There is a charge of $10 per certificate of title cancelled.  The Commissioner shall also reinstate and reissue any title for a mobile or manufactured home which was previously titled in W. Virginia, when the owner seeks to sever the home from the real property and applies for a new certificate of title.
+Per W. Va. Code §17A-3-12b, The Commissioner of Motor Vehicles may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner of the mobile or manufactured home. 98.  The persona requesting the cancellation shall submit to the Commissioner an application for cancellation together with the certificate of title.  There is a charge of $10 per certificate of title cancelled.  The Commissioner shall also reinstate and reissue any title for a mobile or manufactured home which was previously titled in W. Virginia, when the owner seeks to sever the home from the real property and applies for a new certificate of title.99
 Updated by Ned Livornese 1-24-18

@@ Line 225: / Line 225: @@
 ==Wyoming==
-If a mobile home is installed on a permanent foundation and is taxable as real property,106 and all liens have been paid, the certificate of title is to be surrendered to and cancelled by the county clerk.107
+If a mobile home is installed on a permanent foundation and is taxable as real property,104 and all liens have been paid, the certificate of title is to be surrendered to and cancelled by the county clerk.105
 ==Endnotes==

@@ Line 222: / Line 222: @@
 ==Wisconsin==
-The owner of a manufactured home must obtain a certificate of title,102 unless the homeowner is not a resident of Wisconsin103 or the homeowner intends to make the home a fixture to land in which the homeowner has an ownership or leasehold interest.104 The leasehold interest must be subject to Wisconsin’s real property statutes which exclude leases for a term limited to one year or less.105
+The owner of a manufactured home must obtain a certificate of title,100 unless the homeowner is not a resident of Wisconsin101 or the homeowner intends to make the home a fixture to land in which the homeowner has an ownership or leasehold interest.102 The leasehold interest must be subject to Wisconsin’s real property statutes which exclude leases for a term limited to one year or less.103
 ==Wyoming==
 If a mobile home is installed on a permanent foundation and is taxable as real property,106 and all liens have been paid, the certificate of title is to be surrendered to and cancelled by the county clerk.107

@@ Line 424: / Line 424: @@
 RCW 65.20.070
+W. Va. Code § 17A-3-12b.
+Id. See also W. Va. Code § 15-5-12 (tax statute providing that a mobile home sited on land owned by someone other than the home owner is classified as personal property whether or not it is permanently affixed to the land, unless the certificate of title has been cancelled).
-W. Va. Code § 17A-3-12b.
+Wis. Stat. §101.9203 (1)
-Id. See also W. Va. Code § 15-5-12 (tax statute providing that a mobile home sited on land owned by someone other than the home owner is classified as personal property whether or not it is permanently affixed to the land, unless the certificate of title has been cancelled).
+Wis. Stat. §101.9203 (3)
-Wis. Stat. §101.9203 (1)
+Wis. Stat. §101.9203 (4)
-Wis. Stat. §101.9203 (3)
+Wis. Stat. §706.001
-Wis. Stat. §101.9203 (4)
+See Wyo. Stat. Ann. § 39-15-101(a)(v) (to be real property, must be physically or constructively annexed to the real property and adapted to the use of the real property, and there must be evidence of intent to make it a permanent part of the real property).
-Wis. Stat. §706.001
+Wyo. Stat. Ann. § 31-2-502.

@@ Line 412: / Line 412: @@
 In re Banks, 259 B.R. 848 (Bankr. E.D. Va. 2001).
-Wash. Rev. Code § 65.20.020.
+RCW 65.20.030
-Wash. Rev. Code §§ 65.20.020, 65.20.040.
+RCW 65.20.040
-Wash. Rev. Code § 65.20.040.
+RCW 65.20.050
-Wash. Rev. Code § 65.20.050.
+RCW 65.20.910
-Id. See also Wash. Rev. Code §§ 65.20.030, 65.20.060 (manufactured home whose title has been eliminated may be conveyed only by deed or real estate contract).
+RCW 65.20.030
-Wash. Rev. Code § 65.20.910.
+RCW 65.20.070
-Wash. Rev. Code § 65.20.030.
-Wash. Rev. Code § 65.20.070.
 W. Va. Code § 17A-3-12b.

@@ Line 213: / Line 213: @@
 ==Washington==
-The owner of a manufactured home that is affixed to land (i.e., installed in accordance with state installation standards92) may apply to have the title eliminated. The owner of the home must also own the land on which it is sited, have a lease of thirty-five years or more for the land, or be purchasing the land under a real estate contract.93 The owner must submit the title and an application, which must identify any security interests, to the department of licensing for approval.94 After approval, the title is to be cancelled and the approved application is to be recorded in the county real property records.95 The statute provides that the manufactured home is then to be treated as real property as if it were a site-built structure,96 except for purposes of taxation.97 If the title has not been eliminated, the home is not real property.98 The statute provides a procedure to obtain a new title if the home is to be removed from the land.99
+When a manufactured home is sold or transferred, it is treated as personal property unless the owner eliminates the title.  An “owner” is defined as the person holding fee simple title, holding a leasehold estate of 35 years or more, or purchasing the property on a real estate contract. 92 The owner of a manufactured home that is affixed to land (i.e., installed in accordance with state installation standards) may apply to the Washington Department of Licensing (“Department”) to have the title eliminated.  The owner must submit the title and an application, which must identify any security interests, to the Department for approval. 93 After approval, the approved application is recorded in the county real property records, and the title is cancelled. The manufactured home is then treated as real property as if it were a site-built structure 94, except for purposes of taxation. 95 For purposes of perfecting and realizing upon security interests, (i) the lien is treated as securing personal property if the title has not been eliminated, and (ii) if the title has been eliminated, a separate security interest in the manufactured home no longer exists, and the manufactured home may only be secured as part of the real property through a mortgage, deed of trust, or real estate contract. 96 There is also a procedure to obtain a new title if the home is to be removed from the land. 97
 ==West Virginia==

@@ Line 363: / Line 363: @@
 In re Cluxton, 327 B.R. 612 (B.A.P. 6th Cir. 2005). See also Benner v. Hammond, 673 N.E.2d 205 (Ohio Ct. App. 1996) (holding that home that had title purged under revenue statute and was considered real property under the owner’s mortgage was not a “trailer” for the purposes of a restrictive covenant).
-Or. Rev. Stat. § 446.626. See also Or. Rev. Stat. § 446.611 (means of perfecting security interest in mobile home that still has an ownership document).
+Or. Rev. Stat. §446.571; 446.611; 446.626
 75 Pa. Cons. Stat. § 1140.

@@ Line 152: / Line 152: @@
 To be taxed as real property, a manufactured or mobile home must be affixed to a permanent foundation and be located on land that the owner of the home also owns.65 The owner of a home, which will be taxed as real property, must surrender the certificate of title to the county auditor.66 The owner must either satisfy any liens on the home, or, with the lienholder’s consent, give the lienholder a mortgage on the home and land. Once surrendered, the title is to be deactivated, but it can be reactivated upon application by the homeowner. These statutes do not state what effect the deactivation of the title has outside the context of taxation, but a bankruptcy case holds that if a home was converted to real property through this procedure for taxation purposes it is also real property for purposes of bankruptcy law.67
 ==Oregon==
-The owner of a manufactured structure, or the dealer selling it, may apply to the county assessor to have the structure recorded in the county deed records. The owner must either own the land on which the structure is located, or hold a recorded lease of twenty years or more that specifically permits the structure to be recorded in the county deed records. The owner must turn over any ownership document for cancellation. The deed records must list any unreleased security interest in the manufactured structure. Once recorded in the deed records, the manufactured structure is subject to the same provisions of law applicable to any other building, housing, or structure on the land, and may be sold separately from the land or leasehold estate only if the owner applies to have it removed from the deed records.68
+Since 2005, Oregon no longer issues certificates of title for manufactured structures.  Rather, an ownership document is issued and maintained by the Department of Consumer and Business Services (“DCBS”).  However, the owner of a manufactured structure (or, under certain circumstances, a manufactured structure dealer on behalf of a purchasing owner) who (i) owns the land on which the manufactured structure is located, (ii) is the lessee under a recorded lease of 20 years or more in which the lease specifically permits the lessee to record the manufactured structure under the statute, or (iii) is a member of a manufactured dwelling park non-profit cooperative formed under Oregon law, may apply to the applicable county assessor on a DCBS-approved form to have the structure recorded in the deed records.  The assessor then causes the structure and any unreleased security interest therein to be recorded in the deed records, and sends the ownership document to the DCBS for cancellation.  Thereafter, the owner of the structure has a real property interest in the structure for purposes of recordation of documents, deed forms, mortgages, trust deeds and other liens, and real property tax collection, and may only sell the manufactured structure separately from the land if the owner first applies to have the structure removed from the deed records and an ownership document issued for the structure.68
 ==Pennsylvania==
 Upon application, the department of transportation may cancel a certificate of title for a mobile home that is affixed to real property.69 The home must be permanently mounted on a foundation.70 The owner must complete a form and return it, along with the title, to the department of transportation.71 If a lien appears on the certificate of title, the title will not be cancelled until the home owner submits satisfactory evidence that the lien has been recorded against the land.72 After cancellation, the ownership interest in the mobile home, together with all liens and encumbrances on it, is transferred to and encumbers the real property.73

@@ Line 190: / Line 190: @@
 If a mobile home is financed while the home is permanently sited in a manner intended for continuous residential occupancy by the homeowner on land also owned by the homeowner, it shall be financed as a residence.89 Otherwise a mobile home may be financed under 9 V.S.A. § 41a(b)(4) or 9 V.S.A. Pt. 3, Ch. 59, both of which regulate chattel loans.
 ==Virginia==
-The owner of a manufactured home or house trailer that exceeds the size permitted for highway travel must apply for a title within thirty days after purchase. Once the wheels and other equipment that made the home mobile are removed and the home has been attached to realty, then the owner may return the title to the department of motor vehicles for cancellation. The home may then be transferred only as real estate. Any security interest perfected on the title continues despite the cancellation of the title.90 A bankruptcy court has held that the determination of whether a mobile home is real or personal property must be made on a case-by-case basis and an owner’s failure to comply with the statute, while it might be indicative of the owner’s intent that home remain personal property, is not conclusive.91
 ==Washington==
 The owner of a manufactured home that is affixed to land (i.e., installed in accordance with state installation standards92) may apply to have the title eliminated. The owner of the home must also own the land on which it is sited, have a lease of thirty-five years or more for the land, or be purchasing the land under a real estate contract.93 The owner must submit the title and an application, which must identify any security interests, to the department of licensing for approval.94 After approval, the title is to be cancelled and the approved application is to be recorded in the county real property records.95 The statute provides that the manufactured home is then to be treated as real property as if it were a site-built structure,96 except for purposes of taxation.97 If the title has not been eliminated, the home is not real property.98 The statute provides a procedure to obtain a new title if the home is to be removed from the land.99