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So, they are turning a 25 year old REAL property back into PERSONAL property, and then immediately RE-attaching it back to the same property and into REAL property again!
Alas, that is truly insane. The primary purpose behind Affidavits of Affixture was to give those who finance the sale of mobiles homes additional security by having it attach to the land so that both the land and mobile home could be foreclosed upon in the event of a purchaser's default on the payments. It's bass-ackwards in your case since, under Michigan law and affirmed by the Court, your house is already considered to be a fixture of the land and, therefore, real estate. Foreclosure would still take both.
This is one of those times when there appears to be no common sense in the legislature...and very little in lending institutions!
Which would take more time than I have left to deal with on this issue. I just can't spend time finding and paying for a lawyer, filing a court case for quiet title, and all that b.s. That would probably cost me more than a bond anyway. The longer this house sits on the lot, the cheaper worth it becomes. Once it hits 30 years, you can't sell them, except cash or land contract. Nobody will give a mortgage on a 30 year old manufactured house, period.
This is now being handled per the new state rules from 2003, and that's that.
Alas, that is truly insane. The primary purpose behind Affidavits of Affixture was to give those who finance the sale of mobiles homes additional security by having it attach to the land so that both the land and mobile home could be foreclosed upon in the event of a purchaser's default on the payments. It's bass-ackwards in your case since, under Michigan law and affirmed by the Court, your house is already considered to be a fixture of the land and, therefore, real estate. Foreclosure would still take both.
This is one of those times when there appears to be no common sense in the legislature...and very little in lending institutions!
Jack, I discovered a little more. It is the mortgage company AND the title company for sure that both now require this "Affidavit of Affixture" in a case where the VIN's are NOT on the deeds.
The state of Michigan couldn't care less, as they would agree I already have perfect title with my warranty deed. So, a lawsuit would also work, if anybody wants to deal with all that money and possible mess instead.
The main stated reason is that IF somebody ever actually re-installed axles and wheels, and moved the house OFF the land, the mortgage company wouldn't have the VIN's on the deed to PROVE they have ownership interest in that EXACT stolen house, if found again.
I suppose it's possible in a case such as mine, (no VIN on the deed) that anybody "running away" with the house could possibly win in a court battle against the bank. Then the title company would be left holding the bag, because they insured a house they also couldn't prove 100% ownership to via recorded deed.
So, I have to say again, IF anybody else finds themselves in this situation with a manufactured/"mobile" home that was put on private land PRE- 2003 in Michigan, they MUST have the VIN(s) listed right on their deed as part of the property legal description.
IF NOT, they MUST have the original title(s) (copy won't work) in their hands, to get the "Affidavit of Affixture" filed with the state BEFORE a sale to a person that requires a mortgage.
IF they do not have the title, and the state doesn't have it in their database, they will have to go through the same mess I am going through right now.
I just got back from spending the afternoon getting the bond generated, then going to the Sec. of State to file for a new title.
$1,200.00 for the bond, based on a house "value" of $40k doubled (so $80k bond per Michigan rules) $15.00 x $40 = $1,200.00
Then, $90.00 to the state for the filing fee for a new title. IF I had NOT brought proof with me that I already paid Summer and Winter taxes this year (the canceled and stamped by county treasurer receipts). I would have ALSO had to pay 6% sales tax on my own real property house I've owned for 15 years! $40,000.00 x 6% = $2,400.00
There's your cash-grab racket right there, over and above the hoops the title closing company requires to perfect an already perfected title from 1992 rules...
Once I receive the new title in the mail (they say 6-8 weeks) it goes to the closing company, and they file for the "Affidavit of Affixture" with the state building department.
So, they are turning a 25 year old REAL property back into PERSONAL property, and then immediately RE-attaching it back to the same property and into REAL property again!
Oh yeah, I NEVER get any refund on the bond fee, it's gone for good no matter what happens.
I finally received the new title on Thursday, 1/12/2017. Not too bad for timing, considering it was holidays, and S.O.S. was closed that Friday, then the following Monday, Friday again, then another Monday! lol. That only actually leaves 10 "working" business days total, including mailing to me. It just looks exactly like a car title. I immediately drove it to the closing company, and handed it to the closing agent. It turns out that I don't have to file for the "Affidavit of Affixture of Manufactured Home" and wait even longer. The closing company does it as part of the closing itself. We finally have the closing scheduled for this Tuesday, 1/17/2017.
I finally received the new title on Thursday, 1/12/2017. Not too bad for timing, considering it was holidays, and S.O.S. was closed that Friday, then the following Monday, Friday again, then another Monday! lol. That only actually leaves 10 "working" business days total, including mailing to me. It just looks exactly like a car title. I immediately drove it to the closing company, and handed it to the closing agent. It turns out that I don't have to file for the "Affidavit of Affixture of Manufactured Home" and wait even longer. The closing company does it as part of the closing itself. We finally have the closing scheduled for this Tuesday, 1/17/2017.
Closing is completed, and the check is in the bank!
Now all I have to do, is figure out how to come up with enough extra payoff money to pay off the new house. I no longer have enough from the sales proceeds, as I had to sell cheaper than I figured due to our present market. But at least it's finally sold, and I'm no longer covering monthly costs of TWO houses!
Closing is completed, and the check is in the bank!
Now all I have to do, is figure out how to come up with enough extra payoff money to pay off the new house. I no longer have enough from the sales proceeds, as I had to sell cheaper than I figured due to our present market. But at least it's finally sold, and I'm no longer covering monthly costs of TWO houses!
Well, I can't help you there...but congrats, again.
It is happening to me. I never got a title in 2002 when I bought property with manufactured home. Now realestate wont list w/o a mobile home title, which I was able to get with surety bond at TWICE value of home. (Nearly $1000) Only good for 5 years.
Listed house, and it and property sold second day, but I have to have affidavit of affixture or TITLE COMPANY wont sell me title insurance.
Now if I have title to Bldg, and deed to land, i should be able to sell, but Title companies wont do it.
What if new owner wants to take bldg off the property? He wont want it affixed, but you have no option.
So I have Affixture paperwork ready to go to Notary for my signature and plan to overnight it to Lansing, with ANOTHER Overnight mail envelope enclosed so I can get it faster. New owner wants to pay cash and close asap, so I dont need any grief on this one.
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