New Law Allows for Greater Flexibility for Mobile Home Owners in Certain Instances

Gov. Gretchen Whitmer recently signed a bill into law that will provide an easier and cost-effective way to establish that an owner’s mobile home is affixed to his or her real property.

The law amends the Mobile Home Commission Act to prescribe a process by which the owner of a mobile home (who had lost or never received a certificate of title to the mobile home) could establish that the mobile home is affixed to the owner’s property.

Why was this bill introduced?

To benefit from the taxation and consumer protection benefits of owning real property, a mobile home must be properly affixed to real property.

In addition, prior to the new law, a property owner had to obtain a court order to establish ownership before seeking a title with the Secretary of State (SOS). Often, this process costs thousands of dollars.

What is the new process?

If a mobile home is affixed to real property and the party claiming to own the mobile home also owns the real property, the SOS will approve an affidavit of affixture as submitted if the owner of the mobile home submitted to the SOS an affidavit of missing title that contained certain required information, including a description of the mobile home that includes the mobile home’s or manufacturer’s serial number. The owner is also required to pay any fees required to issue the affidavit of affixture.

The law also creates a process by which the SOS will determine a new serial number or issue a replacement number if the owner does not know or have access to the original.

To whom does this law apply?

The law applies to individual property owners and not to owners of mobile home parks (who may be seeking title to an abandoned trailer in a mobile home park).

Help is available

The attorneys at O’Reilly Rancilio are available to answer your questions regarding real estate law. For more information, please call 586-726-1000 or visit our website.

Categories: Real Estate