Mobile Homes Claims Avoidance

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

LEGAL DESCRIPTIONS A PRACTICAL GUIDE

RULES OF DEPARTMENT OF REVENUE VEHICLE SERVICES DIVISION CHAPTER TITLES TABLE OF CONTENTS

SECTION 5 ELIGIBLE RESIDENCE

Mobile Home Titles for the Real Property Lawyer. This, not that

Mobile Home Title Issues for the Real Estate Lawyer In North Carolina 1

Does the Building Code Apply to Mobile Homes?

IC Chapter 6. Manufactured Homes

Hamilton County Building Department County Court House Room NE First Street Jasper, FL Phone (386) Fax (386)

Acronyms, Terms & Definitions

Title and Registration Sections Manufactured Homes

TWO TRACK MANUFACTURED HOUSING ACT OUTLINE. A. Require disclosure form concerning choice between real and personal property classification for home?

Fixed Assets / Surplus Sales. Angie Evans

NEW MOBILE HOME PERMIT APPLICATION

Subordination, Non-Disturbance and Attornment Agreements in Commercial Leasing and Real Estate Finance

REAL PROPERTY TRANSFER TAX DECLARATION INSTRUCTIONS

Grade: Curative Items: Non Curative Items:

SENATE, No STATE OF NEW JERSEY. 208th LEGISLATURE INTRODUCED MAY 6, 1999

State of Minnesota HOUSE OF REPRESENTATIVES

Making it Real: The Title Trip for a Manufactured Home Bryan D. Rosenberg, SVP First American Title Insurance Company

CITY OF PANAMA CITY BEACH Building and Planning Department

IMPORTANT ANNOUNCEMENT: Our website is changing! Please click here for details.

Chicago Title Insurance Company

Structuring Landlord Lien Waivers and Collateral Access Agreements: Navigating Competing Interests of Tenant's Lender and Landlord

Structuring Landlord Lien Waivers and Collateral Access Agreements: Navigating Competing Interests of Tenant's Lender and Landlord

6 semanas de embarazo. Proof of vehicle ownership letter sample. Inicio / Embarazo / 6 semanas de embarazo

Dispelling the Myths About Manufactured Housing

NASSAU COUNTY SIDING PERMIT APPLICATION

OTHER LEGAL RESOURCES INCLUDING STATUTORY CRITERIA

Article 26 MOBILE/MANUFACTURED /MODULAR HOME AND RECREATIONAL VEHICLE REGULATIONS ADOPTED: FEBRUARY 19, 2008 CASE NUMBER: TA ORDINANCE NO.

Chicago Title

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

OFFICE OF SHELBY COUNTY TREASURER 612 COURT ST. P.O. BOX 110 HARLAN, IA 51537

PETITION TO VACATE A STREET, ALLEY, OR EASEMENT APPLICATION

COMMERCIAL BUILDING PERMIT APPLICATION

STATE OF MICHIGAN COURT OF APPEALS

CHAPTER 14: DRIVEWAYS, TOWN HIGHWAYS, AND PRIVATE ROADS

Jerry Cotner Broker Associate

Manufactured Structure Notice of Sale/Change of Ownership

RESIDENTIAL ADDITION/ALTERATION PERMIT APPLICATION

NASSAU COUNTY BUILDING DEPARTMENT MOBILE HOME APPLICATION CHECKLIST

ALI-ABA Course of Study Commercial Lending and Banking Law January 29-31, 2009 Scottsdale, Arizona

STATE OF OKLAHOMA MANUFACTURED HOME QUICK REFERENCE GUIDE

Chicago Title Insurance Company

Note: PowerPoint and audio for the September 17, 2015, Documentation Retention Rules... webinar is now be available on our website.

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

G R O W T H M A N A G E M E N T D E P A R T M E N T DEMOLITION PERMIT APPLICATION

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

Manufactured Home Requirements

NASSAU COUNTY MECHANICAL PERMIT APPLICATION

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

MANUFACTURED HOUSING GENERAL ISSUES, CLASSIFICATION & VALUATION VAAO 58 TH EDUCATION SEMINAR JOINT SESSION JULY 19, :00 AM 12:00 NOON

DEFERRED IMPACT FEES INFORMATION AND APPLICATION

COMMITMENT FOR TITLE INSURANCE Issued by

For translation purpose only Official language is Thai language

NORTH CAROLINA POWER OF SALE FORECLOSURE ABSTRACT - LONG FORM

Property Assessed Clean Energy Program (PACE) APPLICATION

UCC Secured Transactions: Avoiding Pitfalls in Perfecting Security Interests

Irrigation Permit Requirements FOR OWNER/BUILDER

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

County Clerk. County Legislature. County Clerk. County Manager. Senior Motor Vehicle Clerk. Desk Clerk (4) Senior Clerk (3) Deputy County Clerk

Structuring Financeable Ground Leases and Leasehold Mortgages

MOBILE HOME APPLICATION INFORMATION (REVISED )

Application for a Deminimus Development

Facilities PRESENTED BY: BELINDA RINKER, JD SENIOR ADVISOR, OFFICE OF HEAD START.

DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS

St. Lucie County Energy and Sustainability Financing Program (SLC ESFP) Property Assessed Clean Energy (PACE) APPLICATION

Manufactured Home Requirements

IDA COUNTY IOWA OFFICE OF COUNTY TREASURER 401 Moorehead St Ida Grove IA Phone: Fax:

NASSAU COUNTY BUILDING DEPARTMENT MOBILE/MANUFACTURED HOME APPLICATION CHECKLIST

TORONTO MUNICIPAL CODE CHAPTER 213, REAL PROPERTY, SALE OF. Chapter 213 REAL PROPERTY, SALE OF

UCC Foreclosures: Overcoming Obstacles to the Sale, Evaluating Receivership and Bankruptcy Alternatives

6 TH EDITION (2017) OF THE FLORIDA BUILDING CODE IS IN EFFECT

Abandoned Property: Residential & Commercial Tenancies

Policy Amount. Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below

Policy Amount. Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below

CITY OF TUSTIN TUSTIN HOUSING AUTHORITY AFFORDABLE HOUSING OWNERSHIP PROGRAMS FACT SHEET (LENDER)

PART 1 Withholding Tax on the Sale of Real Property by Nonresidents

*Charter references: Power of city to impose and collect tax on transfer of real property, subpart A,

1 SB By Senators Hightower, Glover and Albritton. 4 RFD: County and Municipal Government. 5 First Read: 12-MAR-15.

SCHEDULE A FIDELITY NATIONAL TITLE INSURANCE COMPANY Prepared By: BNT of Alabama, LLC

FORECLOSURE RECORD Form (2011) This Foreclosure Record consists of the following attached documents: (check appropriate boxes)

Conditions of Purchase of Seized Vehicles by Auction

A BILL TO BE ENTITLED AN ACT

Residential Property Owner Program Handbook

Boston National Title Agency, LLC. 129 West Trade St, 9th Floor. Charlotte NC 28202

SAND CREEK ESTATES LOT LEASE AGREEMENT DESCRIPTION OF PARTIES AND PROPERTY LEASED

Chapter 46 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

THE CITY OF ORILLIA DEVELOPMENT SERVICES AND ENGINEERING DEPARTMENT APPLICATION FOR MINOR VARIANCE AND CONSENT

In order to help you facilitate this verification process, the City offers two methods for you to choose from to make this verification.

LORI HESSE 110 Allamakee Street ~ Waukon, IA Phone Fax

NASSAU COUNTY RE-ROOFING PERMIT APPLICATION

Ferry County Ordinance #89-04 BINDING SITE PLAN ORDINANCE

Section 435 Manufactured Home Park Closings

SALES CONTRACT Page 1 of

PEGGY VANDENBERG Treasurer of Monroe County 10 Benton Ave E Albia, IA Phone: FAX:

Section 1.16a Resale/Deed Restrictions Guidelines

PO Box 7747 PO Box 7747 Urbandale, IA Urbandale, IA RESTRICTIVE COVENANTS FOR WATERCREST L.C. AN OFFICIAL PLAT, ANKENY, IOWA

Presenting a live 90 minute webinar with interactive Q&A. Td Today s faculty features:

B2-3-04, Special Property Eligibility Considerations (12/16/2014)

Transcription:

Mobile Homes Claims Avoidance David Morgan, Esq. Grab Tab Handouts 1

Can t Hear Through Your Computer Speakers? Telephone Dial-in (XXX) XXX-XXXX Access Code: XXX-XXX-XXX Audio PIN: Check the Audio panel Asking Questions Our Speaker David Morgan, Esq. 2

Spotting Clues Spotting Clues Property Use 0213 - Manufactured Housing - Double Wide PROPERTY DATA CARD #1 Building Use 0213 Manufactured Housing - Double Wide Spotting Clues 3

Spotting Clues Poll Question True or False? A mobile home is only insured if a description of the mobile home is included in Schedule A of the policy. Insuring Provisions Policies 1(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, venues, alleys, lanes, ways, or waterways,butthisdoesnotmodifyorlimittheextentthatarightof access to and from the Land is insured by this policy. 4

Insuring Provisions Policies 193.075 Mobile homes and recreational vehicles. (1) A mobile home shall be taxed as real property if the owner of the mobile home is also the owner of the land on which the mobile home is permanently affixed. A mobile home shall be considered permanently affixed if it is tied down and connected to the normal and usual utilities. Insuring Provisions Policies COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, (the Company ) Insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 3. Unmarketable Title Insuring Provisions Policies 319.22 Transfer of title. (1) Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title to the motor vehicle or mobile home until he or she has had issued to him or her a certificate of title to the motor vehicle or mobile home 5

If You Don t Want to Insure It, Except to It The insured "Land" as defined by the policy shall not include any mobile (manufactured) home which may be affixed to or located on the Land, and title to any such mobile (manufactured) home is not insured. Primary Title Services Claims Scenarios The mortgage which we insured did not include the mobile home information nor was a lien properly placed with the Department of Highway Safety and Motor Vehicles. The mortgage went into foreclosure. We had to pay the foreclosure firm to include a count to reform the mortgage to include the mobile home information. 6

Claims Scenarios We insured a deed and a purchase money mortgage. Neither the deed nor the mortgage included the mobile home information nor was the mobile home properly transferred. The borrower defaulted on the mortgage and the property went into foreclosure. The borrower then filed bankruptcy and removed the mobile home from the property. The insured lender filed a claim. Mobile, Manufactured, Modular, What s the Difference? A mobile home is defined as a structure, transportable in one or more sections, which is eight body feet or more in width and which is built on an integral chassis anddesignedtobeusedasadwelling when connected to the required utilities and includes the plumbing, heating, airconditioning, and electrical systems contained therein. 7

Modular Housing Unit RP Stickers Department of Revenue RP Stickers 8

RP Stickers Poll Question True or False? If the property has an RP sticker, title is presumed to be retired. RP Stickers The existence of an RP sticker means that title is retired. The existence of an RP sticker means that you do not have to transfer title to the mobile/manufactured home. 9

No RP Sticker? All Hope Is Not Lost Plan A: If the mobile home is new, provide proof to the DMV that sales tax was paid at the time of purchase from the dealer. Plan B: Check to see whether the mobile home is being taxed as real property. If it is, see whether the property appraiser will provide an affidavit to that effect. Plan C: Determine the value of the mobile home at a local mobile home dealer who will have a blue book. Pay sales tax on that amount. Transferring Title to Mobile Homes Step 1: Close on the real property as you normally would Step 2: Obtain the mobile/manufactured certificates of title Step 3: Verify the ownership on the DMV website Step 4: Deliver the titles, application for transfer (Form HSMV 82040), proof of RP sticker to local tag office Step 5: Pay all of the necessary fees Step 6: Deliver title to new owner Transferring Titles with Liens George Soros Title Agent Elon Musk 10

Transferring Titles with Liens George Soros Title Agent Elon Musk Transferring Titles with Liens George Soros Title Agent Elon Musk Placing a Lien on the Mobile Home Title Jeff Bezos Bloomberg Bank 11

Placing a Lien on the Mobile Home Title Jeff Bezos Bloomberg Bank Placing a 2 nd Lien on the Mobile Home Title Jeff Bezos ZUCKERBERG Bloomberg Bank Zuckerberg Bank Placing a 2 nd Lien on the Mobile Home Title Jeff Bezos ZUCKERBERG Bloomberg Bank Zuckerberg Bank 12

Placing a 2 nd Lien on the Mobile Home Title Jeff Bezos ZUCKERBERG Bloomberg Bank Zuckerberg Bank Placing a 2 nd Lien on the Mobile Home Title Jeff Bezos ZUCKERBERG Bloomberg Bank Zuckerberg Bank Foreclosures of Non-Retired Mobile Homes Mortgage 13

Foreclosures of Retired Mobile Homes Mortgage Poll Question True or False? All mobile home titles must be retired. Myths About Title Retirement All titles must be retired. Titles must be re-retired upon every transfer. Titles are automatically retired when the owner obtains an RP sticker. Titles are uninsurable unless they are retired. 14

Procedure to Retire a Mobile Home Title The owner owns both the mobile home and the real property. The mobile home is permanently affixed to the real property. The owner records a sworn statement that he owns both the real property and the mobile home to which is attached the original title to the mobile home and the legal description of the property. The owner than files an application with the Department of Highway Safety and Motor Vehicles to retire the title. Retirement Logistics Retirement Logistics 15

Retirement Logistics Retirement Logistics Retirement Logistics 16

Retirement Logistics Retirement Logistics WeTeach@fnf.com Mobile Home Claims Avoidance David Morgan. Esq. 17