How can a manufactured home be declassified as manufactured?
Full Question:
How can a manufactured home be declassified as manufactured?
05/30/2017 |
Category: Real Property |
State: Arizona |
#38115
Answer:
It can be considered real property if the laws are followed to make it so. If you have a loan before it is real property it is personal property as to that loan. If you attach it and then get a mortgage that includes the home and land it would not be personal property. According to the office of Housing and Urban Development, manufactured homes built before June 15, 1976 are ineligible to be converted to real property and gain eligibility for a Federal Housing Administration mortgage loan..
A mobile home permanently affixed, i.e., installed on real property owned by the homeowner,2 and for which an affidavit of affixture is recorded, shall be assessed as real property for tax purposes.3 A mobile located in a mobile home park will, along with the leasehold interest, be treated as real property if the homeowner files an affidavit of affixture with the county recorder and: (1) the home was installed on the real property with all wheels and axles removed in compliance with local and state installation standards; (2) the owner of the home entered into a lease of at least twenty years for the lot and the lease specifically permits the recording of an affidavit of affixture;
and (3) a memorandum of lease, signed by both landlord and tenant, is recorded that lists specified information.4 Regardless of whether the home is located in a park, the affidavit of affixture must identify the holder of any security interest in the home that is not terminated by the consent of the secured party, and any such interest
survives recordation of the affidavit.5 When an affidavit of affixture is recorded, the owner must surrender the certificate of title.6 A lien on a mobile home for which an affidavit of affixture is recorded may be perfected either in the manner provided by law for real property or in the manner provided for fixtures.7
Reference: https://cfed.org/assets/pdfs/mh_realproperty.pdf
