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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.
Since the OP is in Michigan, I don't believe that we have those here. Either it's considered an attachment to the land or it's not. The tax assessor would make that determination and assess the property accordingly. The OP's property is most likely considered an attachment to the land so that it is subject to real property taxes. (Mobile homes in licensed mobile home communities in Michigan are taxed differently.)
yes, you do "have those". This isn't a mobile in a park, it's a home built to hud code & permanently attached to land - once the certificate of affixture is recorded, it's a piece of dirt with a house on it, like any other. The tax assessor doesn't get a "vote" in the process, once it's been "affixed", it's done - real property. Many realtors and many loan officers don't know this, and they're the ones who should be avoided at all costs - because they take a routine transaction and make it into a time-consuming hairball. Google is your friend, as is continuing real-estate education. A "good" agent could have avoided this issue by ensuring the certificate of affixture was recorded at the beginning & pointing both the buyer's agent and banker down the right path at the beginning of the process.
The realtor has it listed as manufactured. It is on our lot (3 acres). The mortgage company ended up obtaining the model name. (ridiculous they would need that considering I had the model # and the vin #) The faucet had a leak so we put on a new faucet and it is fine. NOW the mortgage company wants the receipt. I dont have the receipt. I feel like it is one STALL after another. It seems they do not want to give this person a mortgage.
So, you wanted the lender to just take your word for it that it was fixed? Of course they wanted a receipt. They are not being difficult. You are.
and you don't have a clue what you're talking about. Please stop.
Golly, I'm quaking from your internet muscles, Zippy.
Now, I've only been doing every mortgage type in every state in America plus Guam for fifteen years, but this is something that is taught on day one in the business. If I felt like spending the time, I could walk you through little items like loan applications, guidelines, and appraisals where there are specific guidelines for manufactured homes.
But, it's the weekend, so I only had about twenty seconds to help you with some examples of how manufactured homes are completely unique entities in the lending world.
Golly, I'm quaking from your internet muscles, Zippy.
Now, I've only been doing every mortgage type in every state in America plus Guam for fifteen years, but this is something that is taught on day one in the business. If I felt like spending the time, I could walk you through little items like loan applications, guidelines, and appraisals where there are specific guidelines for manufactured homes.
But, it's the weekend, so I only had about twenty seconds to help you with some examples of how manufactured homes are completely unique entities in the lending world.
Once a certificate of affixture is filed in Michigan, you surrender the title, and the "mobile home" isn't "mobile" anymore. It's real property. A house permanently attached to the land. If you read any of your own links, you might realize they don't apply in this situation. Pretty sure you're the type of lender I mentioned earlier (unqualified).
If we're talking an fha or usda loan, part of the process is an appraisal/inspection - the appraiser checks the property for "habitability" - if they flag a "safety" issue, it has to be fixed for the loan to close & the underwriter wants proof to stick in the loan file that the issue was fixed. Proof could be a copy of a paid receipt from a contractor (that you would supply) , or paying the appraiser to come back out to the property again to verify that the issue is corrected & he gives the bank a letter saying the issue is corrected. No letter = no closing.
Getting the appraiser back out may take time & will likely cost another $100 bux or so.
I agree, it's absurd - do you want to be right, or do you want to close the deal?
yes, you do "have those". This isn't a mobile in a park, it's a home built to hud code & permanently attached to land - once the certificate of affixture is recorded, it's a piece of dirt with a house on it, like any other. The tax assessor doesn't get a "vote" in the process, once it's been "affixed", it's done - real property.
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.
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