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Old 06-27-2015, 12:28 AM
 
Location: NC
502 posts, read 650,166 times
Reputation: 1114

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Quote:
Originally Posted by dakotasmom2 View Post
A receipt for a faucet? That is ABSURD!!
Except you don't get to decide what is absurd. If the lender wants a receipt to prove the repair was made, then you save the receipt and give it to them. If you didn't want to work with a lender you should have specified cash only.
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Old 06-27-2015, 08:14 AM
 
Location: Phoenix AZ
5,920 posts, read 10,440,488 times
Reputation: 9226
Quote:
Originally Posted by jackmichigan View Post
I only said that I didn't "believe" that Michigan had Affidavits of Affixture because I wasn't exactly sure. I just knew that to be considered a fixture to the land, an Affidavit is not required. Plus, I knew that Assessors make determinations as to what is real property for assessment purposes all of the time.

The fact-of-the-matter is that state law (the Mobile Home Commission Act) stipulates what it takes for a mobile home to be considered an attachment to the land, to wit:
"A mobile home is "affixed" to real property if it meets all of the following:
(i) The wheels, towing hitches, and running gear are removed.
(ii) It is attached to a foundation or other support system."
While Michigan does allow for Affidavits of Affixture (it's always good to learn something new), the courts have held that such Affidavits are not a requirement for a mobile home to be considered a part of the underlying real estate, but they are one option. (Interestingly, there is also a process to reverse an Affidavit of Affixture--so attaching a mobile home to real estate is not necessarily permanent.)

Affidavits seem to be more geared to benefit the lenders who might loan money for mobile home purchases. It enables a bit of certainty as to whether a mobile home is affixed, and it perfects the lien for the lender because it can be applied against the entire real estate parcel and not just against the mobile home itself.

There have been a few relatively recent court cases regarding mobile home attachment issues. In Ottaco Inc v Gauze (1997), the Michigan Court of Appeals held that title to a mobile home is extinguished when it is attached to the land (without an Affidavit) since the title becomes merged to the underlying real estate.

Also, in 2007, the Court of Appeals made a similar ruling in the case of Frank R Hix Jr v Frank R Hix Sr. Below is a relevant excerpt:
"The mobile home in this case is clearly affixed to the property. The components for the house were brought to the building site on a trailer chassis. Once those components arrived at the site, they were constructed into a house built on a foundation and basement. Defendant dug a well and installed a septic system, which were both attached to the house. Defendant also constructed a two-car attached garage and an attached sunroom. Central air conditioning and a hot tub are also included in the home’s list of amenities. Thus, it is clear from the facts that defendant intended to make the mobile home a permanent accession to the realty. Accordingly, we conclude that the mobile home is a fixture of defendant’s real property.

Plaintiff argues that regardless of its physical attachment to the land, the mobile home was not statutorily “affixed” to the land because defendant did not obtain an affidavit of affixture as required by MCL 125.2330i. Under MCL 125.2330i(5), when the department of commerce receives an affidavit of affixture, as defined under subsection (1), the mobile home is considered to be part of the real property. However, contrary to plaintiff’s contentions, the affidavit of affixture is not statutorily mandated, and failure to file such an affidavit does not obviate a finding that the mobile home is indeed a fixture to the real property. By its own terms, § 30i states that “[i]f a mobile home is affixed to real property in which the owner of the mobile home has the ownership interest, the owner may deliver” an affidavit of affixture to the department. This language evidences the permissive rather than mandatory nature of the filing of the affidavit. Further, in Mortgage Electronic Registration System v Pickrell, this Court expressly explained that § 30i “created an optional procedure by which the owner of a mobile home affixed to real property could cancel the certificate of title and have the mobile home treated as part of the real property.”
So, as you can see, an Affidavit of Affixture may be used by the owner of a mobile home in Michigan, but a mobile home can still be considered affixed to the land without it.
I don't think there's an argument here, other than you not knowing that certificates of affixture exist, then becoming an expert on them later.

No, they aren't "required", but even a cursory reading of the law and the most *basic* understanding of how lenders work would lead a *competent* agent to require that one be filed before even taking a listing.

Without one, the agent/broker might not even be selling "real estate"

There's no "downside" for your seller for getting one, and a lot of downsides for your seller if they *don't* have one. Like 6 month closings, and banker-dudes demanding a copy of a title that may have been lost 20+ years ago.

If the OP had good advice & a competent agent at the beginning of the process, they could have closed months ago. It's been a while since I took the R.E. licensing class in Michigan, but I know that here in AZ, if you take a listing in an area in which you lack competency, you can be held liable for any damages you cause a seller (and rightly so). I'm not saying every RE agent in Michigan needs to understand all the minutae regarding mobiles & affixture, but they had darn well better understand the process before taking a listing or writing an offer on one.

In this case, we have two licensed agents (and their brokers) without a clue, wreaking havoc on both a buyer and a seller for no good reason, when even a basic, short CE class, or even some adept google-fu would have saved everyone involved a lot of hair.
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Old 06-27-2015, 09:58 AM
 
6,359 posts, read 7,324,210 times
Reputation: 10807
Quote:
Originally Posted by Zippyman View Post
I don't think there's an argument here, other than you not knowing that certificates of affixture exist, then becoming an expert on them later.

No, they aren't "required", but even a cursory reading of the law and the most *basic* understanding of how lenders work would lead a *competent* agent to require that one be filed before even taking a listing.

Without one, the agent/broker might not even be selling "real estate"

There's no "downside" for your seller for getting one, and a lot of downsides for your seller if they *don't* have one. Like 6 month closings, and banker-dudes demanding a copy of a title that may have been lost 20+ years ago.

If the OP had good advice & a competent agent at the beginning of the process, they could have closed months ago. It's been a while since I took the R.E. licensing class in Michigan, but I know that here in AZ, if you take a listing in an area in which you lack competency, you can be held liable for any damages you cause a seller (and rightly so). I'm not saying every RE agent in Michigan needs to understand all the minutae regarding mobiles & affixture, but they had darn well better understand the process before taking a listing or writing an offer on one.

In this case, we have two licensed agents (and their brokers) without a clue, wreaking havoc on both a buyer and a seller for no good reason, when even a basic, short CE class, or even some adept google-fu would have saved everyone involved a lot of hair.
Fine. You don't know the details of the OP's situation, or whether the agent involved is the sole stumbling block, but it's nice of you to opine otherwise.

I helped a local community successfully fight the establishment of a mobile home park, but that's been the extent of my involvement with mobile homes--other than knowing a couple of friends who inherited mobile homes affixed to hunting acreage. Neither had "Affidavits" to render them fixtures...because a fixture is a fixture.

I would never buy a property with a mobile home on it (unless I was just going to tear it down) so, as a Buyer's Broker, I don't help people acquire mobile homes either. That's how I operate. If I wouldn't buy it, I'm not going to recommend that someone else do so, regardless of any potential remuneration.

At least I qualify my statements when appropriate. It's convenient that you fail to acknowledge your false ones.
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Old 06-28-2015, 07:26 AM
 
5,048 posts, read 6,394,701 times
Reputation: 4121
Quote:
Originally Posted by Pfhtex View Post
What's going on is you are engaged in the jankiest of transactions on the most feeble collateral imaginable in a post-apocalyptic financial landscape.
This is good. I have to remember this sentence.
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Old 06-29-2015, 05:01 AM
 
15,824 posts, read 18,440,406 times
Reputation: 25604
Quote:
Originally Posted by dakotasmom2 View Post
We do it's on 3 acres private land. From what I can see on comparables in the area our asking price is low.
How's that gonna work? Your Mom's mobile home, on your land?? Are you selling the land with the mobile home??
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Old 06-29-2015, 05:03 AM
 
15,824 posts, read 18,440,406 times
Reputation: 25604
Quote:
Originally Posted by dakotasmom2 View Post
I do not understand why they do not just decline the mortgage. We don't have the receipt anyway. So we will see.
Poor planning. They ask you to replace the faucet, and you didn't save your receipt? since they are not on site, a receipt is your proof you did replace it.
I wouldn't let all this nit picky stuff hold up a sale...I would be complying if I wanted to sell my mobile home.
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Old 06-29-2015, 05:13 AM
 
15,824 posts, read 18,440,406 times
Reputation: 25604
Quote:
Originally Posted by dakotasmom2 View Post
According to the title company the Affidavit of Affixture was processed back in 2004 for a previous owner (not my mom) and It was never recorded at the ROD office. They said because I am the personal representative I can sign a duplicate Affidavit of Affixture at closing. They will process it and send it back to me so it can be recorded. The copy I have shows affidavit of affixation manufactured home but I guess it was never recorded. Back in February the inspector said the house not attached to the foundation. We have had that done now.

Since we are past our initial close date back in March would it be out of line to ask for some compensation for the unexpected additional mortgage payments we have had to pay??? Funds are tight and we are making payments beyond what was expected.

UPDATE:
As I mentioned before: the mortgage company said they needed a copy of the receipt from the faucet we had replace. I did let them know we did not have the receipt. The mortgage consultant said the documentation they had has been submitted to the underwriter to clear remaining conditions. That was on Friday June 12th.
Tuesday June 16th My realtor sent him a email requesting a update. On the 16th the realtor received a email back from a different mortgage consultant/branch manager saying that our consultant was no longer with the company and that the file has been submitted back to underwriting and that they are waiting for an updated approval and at the same time the buyer is working on an item they need. They said we are not too far off from wrapping everything up and will know more in the next couple days. ** We had communicated with our consultant on the 12th now he is gone. What the heck!
Previously we were told by the realtor (dual agent) that the purchaser was all set with everything. Now they are not....what is going on???? At one point the realtor even said that he did not know if they delay was the purchaser or the lender. The purchaser IS their client too and they are passing blame. RIDICULOUS...I feel he is the agent, he should have some kind of clue and definitely NOT blame someone he IS representing!
I do not get ANY of this. My head is spinning and I am stressed. Once this is all over I will be able to grieve and not be so consumed with all this chaos.
My condolences. I feel so badly for you. Now I understand how things are overwhelming you. You simply need a better agent....One that works just for you.
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Old 06-29-2015, 07:18 AM
 
41 posts, read 46,071 times
Reputation: 19
Quote:
Originally Posted by JanND View Post
My condolences. I feel so badly for you. Now I understand how things are overwhelming you. You simply need a better agent....One that works just for you.
Thank you!! It has been very trying. I am doing the best I can. It's my moms manufactured home on her land. They did not ask us to replace the faucet. We did it on our own. We noticed the leak (minor leak) and decided to replace it. They never even notice anything. I made the mistake of telling the realtor it was done and he included that info to the lender with the other repairs info. We never thought to keep a receipt from something minor that we repaired. I have giving them everything else they have asked for. It's the lender holding things up for whatever reason. We are going on 6 months & I have tried to wait. I want to be done believe me but after all this time I still do not know if the purchaser will be approved. If I knew they were going to be I would hang on but the lender has not given a commitment. It's like they are stalling.
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Old 06-29-2015, 07:34 AM
 
6,359 posts, read 7,324,210 times
Reputation: 10807
Quote:
Originally Posted by dakotasmom2 View Post
Thank you!! It has been very trying. I am doing the best I can. It's my moms manufactured home on her land. They did not ask us to replace the faucet. We did it on our own. We noticed the leak (minor leak) and decided to replace it. They never even notice anything. I made the mistake of telling the realtor it was done and he included that info to the lender with the other repairs info. We never thought to keep a receipt from something minor that we repaired. I have giving them everything else they have asked for. It's the lender holding things up for whatever reason. We are going on 6 months & I have tried to wait. I want to be done believe me but after all this time I still do not know if the purchaser will be approved. If I knew they were going to be I would hang on but the lender has not given a commitment. It's like they are stalling.
If the lack of a receipt is still an issue, see if you can have your agent write up a letter attesting that the repair has been completed and, perhaps, have him attach a photo. You've gone this far...you might as well go the extra mile, even if the lender is only playing games.

Except for the fact that you've told the lender that you don't have a receipt, you could also ask the store where you bought the faucet if they would issue you a duplicate receipt.
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Old 06-30-2015, 06:01 AM
 
10,265 posts, read 6,495,798 times
Reputation: 10837
Quote:
Originally Posted by dakotasmom2 View Post
Thank you!! It has been very trying. I am doing the best I can. It's my moms manufactured home on her land. They did not ask us to replace the faucet. We did it on our own. We noticed the leak (minor leak) and decided to replace it. They never even notice anything. I made the mistake of telling the realtor it was done and he included that info to the lender with the other repairs info. We never thought to keep a receipt from something minor that we repaired. I have giving them everything else they have asked for. It's the lender holding things up for whatever reason. We are going on 6 months & I have tried to wait. I want to be done believe me but after all this time I still do not know if the purchaser will be approved. If I knew they were going to be I would hang on but the lender has not given a commitment. It's like they are stalling.
You are allowed to make minor plumbing repairs without a plumber, just tell them you were mistaken and all you had to do was tighten some joints and you do not have a receipt because you didn't charge yourself for it.

what kind of receipt could they possibly want. If it's for parts just buy a new set of parts, bet a receipt, copy it and return the part, or if it's cheap and not worth the hassle keep the part too.

Fire the realtor, and get a new one and tell the buyer to buy again and start again, it could close in 30 days if there are no other problems.
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