2018 Seminar Series. Mobile Home Titles for the Real Property Lawyer

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1 2018 Seminar Series Mobile Home Titles for the Real Property Lawyer James W. Williams, III Title Counsel Attorneys Title 720 N. Third Street, Suite 202 Wilmington, NC (910)

2 Speaker: James (Jay) Williams, III. Jay has over 15 years of experience in the title industry and is highly regarded for his experience and expertise in both commercial and residential transactions. Prior to entering the title industry, Jay was in private practice in Wilmington, North Carolina. Jay is a Board Certified Specialist in Residential and Commercial Transactions. He received his BA from Westminster College and JD from University of Tulsa College of Law.

3 Mobile Home Titles for the Real Property Lawyer James W. Williams III Attorneys Title Wilmington, NC This, not that Mobile Home NOT Mobile Home This, not that Mobile Home GS (7): >8 in width or >40 in length Or, >320 sqft Permanent chassis Designed for use as a dwelling With or without permanent foundation Construction governed by National Manufactured Housing Construction and Safety Standards Act and North Carolina Manufactured Housing Board (NCGS Art 9B, Chapter 143) NOT Mobile Home GS House Trailer. Any trailer or semitrailer designed and equipped to provide living or sleepingfacilities and drawn by amotorvehicle. Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic entities are camping trailer, fifth-wheel travel trailer, motor home,traveltrailer, andtruckcamper. a. Motorhome. G.S (27)d2. b. Travel trailer. A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational,camping,ortraveluse c. Fifth-wheeltrailer. Avehicularunitmountedonwheels designed to provide temporary living quarters for recreational,camping,ortraveluse d. Campingtrailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational,camping,ortraveluse. e. Truck camper. A portable unit that is constructed to providetemporarylivingquartersforrecreational, camping, or travel use, consisting of a roof, floor, and sides and is designedtobeloadedontoandunloadedfromthebedofa pickuptruck. 1

4 This, not that NOTa modular home either. No VIN # No Manufacturers Certificate of Origin (MCO) Components do not have Tongue, Wheels, Axle Restrictive Covenants issue SeeBriggs v Rankin, 127 NC App 477, aff d 348 NC 686 (1998) Contrast double or triple wide mobile homes Wait a Minute you mean there s a mobile home on the Property? Wait a Minute there s a Mobile home on the Property? How can you tell? Tax card showing home as personal property or no home/improvement Prior recorded Dec of Intent or MVR46G Lender asks for ALTA 7 (hopefully before closing) GIS / Google Maps / Street View Appraisal Survey (perhaps) Someone is kind enough to tell you. 2

5 So there is a Mobile Home on the Property now what? EVERY TIME, EVERY TIME, EVERY TIME!! IF there is a mobile home on the property Obtain the serial number (s) Contact DMV to determine the status of title: Never issued Issued and still titled Issued and retired Retired and renewed USE Varied Search Terms kind of like you would searching the AOC for judgments DMV will only search by the information given EVERY TIME, EVERY TIME, EVERY TIME!! 3

6 Step 1 Is an ALTA 7 required? Does Lender expect MH to be secured by DT? Step 2 Is the MH on the property? Wheels, tongue and axle(s) removed? Permanent foundation? New Mobile Homes If not installed arrange with dealer to have the Certificate of Origin delivered to Attorney Be sure DT has Future advance provisions if it will finance installation post closing Be sure to collect appropriate lien documents from installers File Declaration of Intent If there is a DMV Title: Existing Mobile Homes ALWAYS, ALWAYS, ALWAYS check with DMV for motor vehicle title!! Must be cancelled to obtain ALTA 7 or for MH to be collateral for deeds of trust. MVR-46G Affidavit of Affixation MVR-63 DMV Power of Attorney form Record MVR-46G upon return from DMV VERIFY that MH is listed for ad valorem taxes as well. 4

7 If there is NO DMV Title: Existing Mobile Homes ALWAYS, ALWAYS, ALWAYS check with DMV for motor vehicle title!! Be sure to check for UCC filings Prepare and record Declaration of Intent to Affix Use detailed information (make, model, serial numbers) to describe MH If at all possible, attach the Certificate of Origin marked void or cancelled Verify that MH is listed for ad valorem taxes. Title is in FORMER owner!?!? Facts: Mobile home situate on the property has a DMV title in the name of a former owner of the real property. Long departed or deceased what then? Old days DMV-devised procedure involving the purchase of a indemnity bond to protect the interests of the former owner and allow title to the MH to be converted to real property of the current owner. Title is in FORMER owner!?!? 2013 NC General Assembly passed GS Procedure if Certificate of Title is in name other than Real Property owner Statute allows the current owner of the real property upon which a mobile home is affixed, to file an affidavit with NCDMV and to have the title of the mobile home vested in the their name. The MVR 46G form has been amended to allow its use for this purpose. DOES NOT address liens on the old title! 5

8 Title is in FORMER owner!?!? Affidavit must include: 1) The make and model. 2) The VIN and Serial Number of the home 3) The legal description of the real property on which the manufactured home is affixed 4) A description of any security interests in the manufactured home affixed to real property upon which cancellation is sought. 5) A section for the Division's notation or statement that either the affiant submits this affidavit pursuant to subsection (a1) of this section to have the title deemed surrendered by the owner listed on the certificate of title. 6) An affirmative statement that the affiant is (i) the record owner of the real property on which the manufactured home is affixed and the lease for the manufactured home does not include a provision allowing the owner listed on the certificate of title to dispose of the manufactured home prior to the end of the primary term of the lease or (ii) is the owner of the manufactured home and either owns the real property on which the manufactured home is affixed or has entered into a lease with a primary term of at least 20 years for the real property on which the manufactured home is affixed. 7) The affiant affirms that he or she has sent notice of this cancellation by hand delivery or by first-class mail to the last known address of the owner listed on the certificate of title Mobile Homes 6

9 Mobile Homes Session Law Session Law Automatic Expiration Highlights of S.L Automatic expiration of security interest in manufactured home; renewal of security interests in manufactured homes (G.S A) Release of security interest on affidavit (G.S ) satisfied or a sworn affidavit by the owner that the debt has been satisfied and that either: (i) owner has been unable to determine the identity or the current location of the secured creditor or its successor or (ii) the secured creditor has not responded within 30 days to a written request from the owner to release Automatic Expiration Requires Stated Maturity date for all liens on mobile home titles after July 1, If NO STATED MATURITY, a lien perfected by notation on a certificate of title will AUTOMATICALLY EXPIRE 30 years after issuance of the certificate of title containing the notation of security interest**. **Unless renewed 7

10 Automatic Expiration For liens perfected after July 1, 2017 Unless renewed, Lien will AUTOMATICALLY EXPIRE on the earlier of: 90 days AFTER STATED MATURITY DATE; or 15 years days after the date of issuance of the original certificate of title containing the notation of the security interest G.S (c) Automatic Expiration but DMV immediately began denying requests to acknowledge the auto expiration of old liens claiming the statute was pro-active only and did not apply to liens shown on title prior to enactment. Session Law amends GS A(g) to relieve DMV of liability based on the automatic expiration Hopefully, this will resolve the issue though the language is not as strong as some would have liked. G.S (c) Lien Renewal PRIOR to the AUTOMATIC EXPIRATION DATE Secured party may deliver application for renewal to the DMV Upon Renewal, the lien of the security interest shall expire at the earlier of: 10 years after the DATE of RENEWAL; 90 days after the original maturity date (if not extended); OR 90 days after the EXTENDED MATURITY DATE on the RENEWAL G.S (d) & (f) 8

11 By Affidavit of Owner Owner may exhibit to the division such evidence as may be available showing satisfaction or other discharge of the debt secured Together with a sworn affidavit by the owner that the debt has been satisfied. Not NEW BUT WHO IS THE OWNER??? G.S By Affidavit of Owner Owner for the purposes of this section is defined as any of the following: The owner of the manufactured home The owner of the real property to which the home is affixed Title insurer whose insured is an owner Session Law , amending G.S (e1) Effective October 1, 2018 By Affidavit of Owner NEW and effective July 1, 2017 If the vehicle is a manufactured home, the owner may proceed in accordance with subsection (e) of this section or may, in the alternative, provide the Division with a sworn affidavit by the owner that the debt has been satisfied and that either: (1) After diligent inquiry, the owner has been unable to determine the identity or the current location of the secured creditor or its successor in interest; OR (2) The secured creditor has not responded within 30 daysto a written request from the owner to release the secured creditor's security interest. G.S See Form MVR-4 9

12 By Affidavit of Owner DMV may treat either of these methods employed by the owner as a proper release for purposes of this section when satisfied as to the genuineness, truth and sufficiency thereof. Prior to cancellation, DMV shall give at least 15 days notice to the Secured Party DMV shall NOT cancel a security interest if the secured party responds that its lien continues in effect. DMV absolved from liability for reliance on affidavit. G.S Mobile Homes and Mechanics Liens BEFORE MLA appointment required for improvements in excess of $30,000 Cost of Mobile Home + Cost of Installation Title companies took position that combined cost determined applicability of MLA requirement. NOW (July 1, 2017) Cost of Mobile Home is EXCLUDED when determining whether MLA must be appointed. For LEASEHOLDS ONLY Cost of Install ONLY Cost of Install rarely exceeds $30,000. G.S. 44A-11.1(a1) One other item of note MVR 317 (in appendix) This form must be used to transfer DMV title of a deceased owner to the heirs. Note that this form is not generally available and will be supplied upon request from DMV with instruction Must be signed by the Clerk of Court in the county where the estate was administered. 10

13 How would you deal with this? James W. Williams III Attorneys Title Wilmington, NC

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