In the State of Michigan a Public Act (NO.44) was effective as of July 14th, 2003. In this Act, it contains provisions that allow an owner to affix a mobile home/manufactured housing unit to real property by means of an Affidavit of Affixture. In other words, the unit is changed from personal property to real property.
To become a fixture to real property the manufactures housing unit must have its wheels, axles and towing hitches removed, be permanently attached to the land, and connected to a septic tank, sewage system or public sewer and other utilities.
The reason behind the need for the Affidavit of Affixture is this. Prior to 2003 if a mobile/manufactured unit was included in a bankruptcy case, the mobile/manufactured unit could be sold at auction to pay back debtors in the bankruptcy. This was done and left the mortgage company left holding nothing but the land and possibly a hole in the ground...not good. This affidavit converts this mobile/manufactured unit from personal property to Real property...so it can not be sold at auction due to bankruptcy.
The Affidavit of Affixture form can be downloaded as per this link:
After completion, the owner may send the form to:
Michigan Department of Consumers and Industry Services
PO Box 30255
Lansing, MI 48909
Or for faster service you may overnight completed form to:
Michigan Department of Consumer and Industry Services
2501 Woodlake Circle
Okemos, MI 48864
NOTE: overnight packages are usually processed and returned in 7 to 10 business days.
Either way you submit you are required to include an additional self-addressed stamped envelope or a completed overnight slip/envelope for the approved affidavit to be returned.
LOST TITLE REPLACEMENT
This is the procedure as we understand it currently. This is subject to change without notice from the Michigan Department of Consumers and Industry Service.
When the current owner of a mobile home has lost the title, a duplicate will need to be obtained from the Secretary of State. A mobile home title application can be obtained at any branch office of the Secretary of State. They have records for the last 10 to 12 years (sometimes more) and can issue a duplicate title.
When title in the current owners name is lost and there is no record at the office of the Secretary of State, or a transfer to the current owner was not made, proof of ownership must be submitted with the mobile home title application. This proof may be on of the following:
•1) Property tax receipts in the name of the applicant. Along with the receipt, information is needed from the assessing jurisdiction that the mobile home is part of the property.
•2) A court order establishing ownership. The year and make or VIN must be included in the court order.
•3) A surety bond (Form TR-122). Mobile home surety bonds are posted for twice the value of the mobile home for 5 years. After 5 years the bond is returned to the insurance company if no claims were filed. (The owner can sell the mobile home before the 5 year period is up.)
The following is the procedure for obtaining a title using a mobile home surety bond:
•1) The applicant will need to provide the mobile home's VIN. If a VIN cannot be found, a VIN number will need to be assigned. Contact the Secretary of State for the procedure to assign a VIN.
•2) The applicant submits a properly completed TR-122 mobile home surety bond form. (Available at the Secretary of States office). Also submit the bond company's authorization to issue surety bonds. This document shows the company's restrictions for issuing bonds.
•3) Complete a TR-34 certification statement explaining from whom, how, when and where the mobile home was acquired. The certification must include a statement which confirms inspection of the VIN (e.g. "I have examined the serial number on this mobile home and it is number_____.)"
•4) Any lien shown on the title record must be terminated.
•5) Complete a mobile home title application (Form S-110)
•6) A Fee of $90.00 will be charged. When applicable, a use tax fee may also be used.
NOTE: sometimes the Secretary of States offices may accept information other than that outlined above as proof of ownership of the mobile home and be willing to issue a vehicle title. Since considerable expense is involved in some of the above options, it may be worth taking all the information available to their office to see if it may be sufficient.
IF THE DEALER YOU BOUGHT IT FROM GOES OUT OF BUSINESS
The Manufactured Housing Division can assist in obtaining a title when a person who bought a mobile home from a dealer did not receive the title and the dealership is out of business. You will need to provide some type of proof of purchase, such as:
•1) Cancelled check
•2) Money order purchased by the owner
•3) Purchase agreement
•4) Financing records
•5) Bank records
You will also need to obtain a certification statement showing the correct VIN number on the mobile home.
Call the Manufactured Housing Division at 517-241-6300 for assistance.