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Wednesday, August 11, 2010

Retirement of a Manufactured Home

Florida State Law requires that every time a vehicle, manufactured/mobile home, or a vessel changes names, the seller has 30 days to provide clear title to the buyer.The Buyer has to transfer title into their name within that same 30 day period. The cost to transfer title only is $75.75 (per title) This includes any time a name is added or removed from the title. Death, divorce, marriage, emancipation, trust, sale, name change, and the list goes on. Failure to transfer title within 30 days constitutes a $25 dollar slap on the wrist.


The fun part is that if you have a double wide home, double the price, for a triple wide home guess what… That’s right, triple the price.

Unlike a vehicle or vessel (where you can apply for a duplicate title and transfer title at the same time) with a mobile home you have to have the original title beforehand. This means that if you sell your home and have misplaced the title you will have to first get a duplicate title to hand over to the buyer. The Buyer then has to go and have it transferred to his name. As you can see this can be a hassle and the expense.

In 2004 our legislators (under heavy lobbying) ratified a process in which a mobile home on private land can be recorded in the official records of the county whereby the home transfers with the deed to the property. This process is called Retirement of a mobile home.

Pros: No titles to keep track of, No duplicates/transfers to pay for, It does not affect your property taxes, no annual decals to purchase, no lenders to chase down when you pay off the loan.

Cons: Reinstatement can be a little time consuming.

An individual or entity who own both the mobile home and the property it installed on have the option of changing from a DMV issued title to a warranty deed. This is called “retiring the title”. Once the title is retired and the deed issued, future transfers will be via deeds instead of the old application for Florida title.



GENERAL INFORMATION:



The certificate of title for the mobile home must be in the name of the owner of the real property before the certificate of title can be retired. This means that when a customer purchases a new or used mobile home (that is titled in Florida and permanently affixed to real property) with the intention of retiring the mobile home title, it IS necessary to obtain a title and registration in their name prior to retiring the title.



MUST LIST:

The home MUST be in the same name as the property.

The property MUST be in the same name at the home.

The home MUST be identified as Real Property by the county Property Appraiser AND the DMV with a Real Property Declaration issued and a Real Property Decal issued.

An Affidavit MUST be recorded including both the legal description of the home and the property with the original titles attached in the official records of the clerk of court in the county in which the real property is resides.



A mobile home whose title has been retired pursuant to s. 319.261, Florida Statutes, and has not been re-instated, shall be conveyed by deed or real estate contract and shall be transferred together with the property to which it is affixed.



If the title has been retired pursuant to s. 319.261, Florida Statutes, for purposes of perfecting, realizing, and foreclosure of security interests, a separate security interest in the mobile home shall not exist, and the mobile home shall only be secured as part of the real property through a mortgage or deed of trust.

Things to consider:
1. Mobile homes located in rental parks cannot be retired
2. Park Model Trailers cannot be retired (Body Type: PT)
4. Owner of the home and land MUST BE the same person/s
5. Mobile home MUST be registered as “Real Property”
6. Mobile home title must be reinstated to remove it from the property.

PROVISIONS OF LAW:
Section 319.261, Florida Statutes, provides a process by which the owner of a mobile home which is permanently affixed to real property owned by that same person may permanently retire the title to the mobile home. For purposes of this section, the term "real property owned by that same person" shall include any tenancy of a recorded leasehold interest in the real property for a term of 30 years or more.

6 comments:

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  2. Does the VIN or other description of the manufactured or mobile home that has had the titles retired under FS 319 need to be included as part of the legal description?

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  3. I am trying to remove a mobile home from a lady's property and the mobile home has a retired title. She is giving it to me free as she has a new mobile home coming in and I am paying the cost to move it to my property. How do I take ownership of the old mobile home with a retired title?

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