Mobile Homes in Missouri

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Revision as of 11:58, 8 September 2020 by Davidjenkins (talk | contribs) (Complex Requirement)

Overview

Definitions

Mobile

Manufactured

Modular

Taxation

Underwriting

Simple Requirement

Proper conversion of any mobile home on the Land to real property pursuant to Mo. Ann. Stat. § 442.015.

Complex Requirement

In the event the improvements located on the property to be insured include any house trailer, mobile home, or manufactured housing unit, the Company requires the following to comply with Mo. Ann. Stat. § 442.015:

a. The unit must be permanently affixed to the Land;

b. The certificate of title of the unit must reflect that its title is vested in the same owner as the Land;

c. The owner must sign an affidavit stating that there are no outstanding liens or loans against the unit.;

d. The owner shall execute and record in the county where the property is located, an Affidavit of Affixation (Missouri Department of Revenue form 5312);

e. A certified copy of the recorded Affidavit of Affixation (form 5312) must be filed with the Missouri Department of Revenue along with submitting either Form 5315 or 5314 as applicable or any other documentation as may be necessary, within 60 days of the recording date in order to have the house assessed as real estate.

NOTE: The Company may make additional requirements or exceptions.

Conversion

Affixation

Cancellation of Titles

Cross-References


Missouri allows for conversion of a manufactured home to real property. Missouri has recently amended its law, effective March 1, 2011, whereby a certificate of title or origin may be surrendered to show conversion to real property. It is a factual determination requiring: (a) that the owners of the manufactured home be the same as the owners of the real estate; and (b) that the manufactured home be affixed to the property by (i) having the axles, wheels, and hitch removed, (ii) being on a permanent foundation, and (iii) being attached to that foundation. This is accomplished by the filing of a Form 5315 Application for Surrender of Title or Manufacturer’s Certificate of Origin, accompanied by the following: (a) the name, residence, and mailing address of the owner; (b) a description of the manufactured home, including its make, model, name of manufacturer, year, dimensions, and VIN or serial number and whether it is used or new; (c) date of purchase by the owner, along with name and address of the person from whom it was acquired, and name and address of any lienholders in order of apparent priority; (d) statement of the owner indicating any facts, known to the owner, that could affect the validity of the title or the existence or nonexistence of any other interest or lien in the manufactured home; (e) a certified copy of the recorded affidavit of affixation (see 3 above); (if) the original manufacturer‘s certificate of origin; (g) the name and address of each person wishing written acknowledgement of surrender; and (h) the applicable filing fee.

Yes. The statutory reference for surrender or retirement of certificates of title is VAMS Section 700.111. A manufactured home is defined in Section 70001005). The terms “mobile home” and “modular home” are not individually defined, but generally would fall under the definition of a manufactured home in Section 700.010(6).

VAMS Section 700 uses the term “manufactured home” with the term “mobile home” frequently in parentheses behind the term “manufactured home.” The term “manufactured home” is defined as a “structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed" to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the US. Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the US. Code.” VAMS Section 700.010(6).

The term “modular unit” is defined as a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational, or industrial purposes. This definition shall not apply to structures less than 650 square feet used temporarily and exclusively for construction-site office purposes. VAMS Section 700.010(8). Generally, modular homes are not treated as motor vehicles and do not have certificates of title. They usually come in two sections, transported on a trailer and not with wheels and a hitch that are actually a part of the home. They are usually considered real property.