[CLC-Discussion] Lien on a Mobile Home itself

Fri Jun 10 06:32:03 PDT 2016

Best answer yet! Possession of the collateral is key. Lost possession, no
lien. Think car repair.

J. Thomas McKeel, P.A. 
J. Thomas McKeel, Esq. 
jtm at mckeellaw.com 
303 Centre Street Suite 103 
Fernandina Beach, Florida 32034 
904-261-9437 

  _____  

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
lan at lwwhiteattorney.com
Sent: Thursday, June 09, 2016 7:54 PM
To: 'Arlene Udick'; 'Michelle L. Rivera';
clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

In my view, there is no lien. Because the unit is titled as a motor vehicle,
hence tangible personal property, it is not an "improvement" as defined in
713.01(14) and thus 713 part I doesn't apply at all. Part II would apply
under the classic mechanic's lien in 713.56 and 713.58 (think auto
mechanic), but those liens are possessory. As you will note, 713.58(3)
specifically indicates that the lien is possessory. Hence our poor
contractor is left with a suit on the contract. The real catch 22 is that if
the contractor recovers a judgment, and even though we've concluded it's
personalty, the manufactured home is most likely going to wind up being
homestead and thus exempt from levy. FS 222.05.

Regards,

Lan White

(727) 422-5064

cid:part1.09030708.03060606 at elliott-berger.com    AAA 2014 logo print

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Arlene
Udick
Sent: Thursday, June 09, 2016 5:31 PM
To: Michelle L. Rivera; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

I practice in The Villages.  The original section consisted of manufactured
homes.  Many of the lenders want the manufactured home to be converted to
real estate.  I have done a few of the closings.  The first inquiry is
whether the mobile home/mh is tied down.  If so you can convert it,  If not
it stays personal property.  Each mh/mh has a serial number on the
certificate of title.  In a visible location there is also a sticker similar
to what is on your license plate.  You can check at the Department of Motor
Vehicles also to see if it is still personal property.

Since the mh owner is not the land owner, it has to be personal property.
713 Part I only provides for a lien on real property.  713 Part II may
provide for a lien but I am not familiar with that section at all.  It seems
that the contractor is overreaching. Arlene

Udick Law Logo_sig

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Arnold
Tritt
Sent: Thursday, June 09, 2016 3:09 PM
To: Michelle L. Rivera <Michelle at wclfirm.com>;
clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

My Mom was born and raised in a small town in northwest Alabama near Tupelo,
Mississippi (birth place of the King).  As a result, the Bolins know a lot
about mobile homes (manufactured housing as my Uncle David-Ray used to
correct us) but nothing about the Florida lien law relating to such.  Sorry.
Arnie. 

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Michelle
L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption, 

A contractor has recorded a claim of lien for work performed on a mobile
home. The mobile home is owned by an individual but on leased land in a
mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes
which indicates the lien will not attach to the land. However, my question
is will the lien attach still attach to the mobile home (personal property)?
The mobile home owner still has a certificate of title (with no finance
company lien holder) to the mobile home. 

If anyone has any insight on this topic, please reply directly to the
sender. Thank you in advance for any information. 

Kind regards, 

Michelle L. Rivera, Esq. 
 Attorney                                            

law_firm_beneath-lt_blu 22

Williams Law Firm 
2273 Lee Road, Suite 200     
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle at WCLfirm.com <mailto:gtwlaw at ymail.com> 

www.WCLFirm.com

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