[WSBARP] Quiet Title For Manufactured Home Title Not Eliminated? - MSO/Title Missing

Tue May 1 18:58:53 PDT 2018

As follow up for my earlier below post.

The Spokane Auditor wants me to file a 'quiet title' action to obtain an
order requiring DOL to produce a new title for the missing manufactured
title. We did a "Tier 2" search with the Auditor and the title/VIN doesn't
exist in either system.  This was originally an Oregon MH.  Since 2000 the
MH has been taxed as real property.  Assessor can't figure out how the MH
got in their system.  The original building permit file was not helpful.

One of the sharp lawyers on the listserv cited the below statute and a
potential workaround.  Also got a call about doing the "Tier 2" search.

However, the Auditor (their resident MH expert) said that even though he's
amenable to flexing a little to make it work that Olympia DOL is quite
inflexible and wants to either see a Certificate of Origin/MSO or a court
order. No middle grounds.  Their solution was the quiet title.

Anyone have pleadings they'd be willing to share?  Owner vs DOL? Serve
AAG?

Thanks.

Rob Rowley
Spokane

 RCW 82.45.032
Additional definitions.

Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.

(1) "Real estate" or "real property" means any interest, estate, or
beneficial interest in land or anything affixed to land, including the
ownership interest or beneficial interest in any entity which itself owns
land or anything affixed to land. The term includes used mobile homes, used
park model trailers, used floating homes, and improvements constructed upon
leased land.

(2) "Used mobile home" means a mobile home which has been previously sold
at retail and has been subjected to tax under chapter *82.08*
<http://app.leg.wa.gov/RCW/default.aspx?cite=82.08> RCW, or which has been
previously used and has been subjected to tax under chapter *82.12*
<http://app.leg.wa.gov/RCW/default.aspx?cite=82.12> RCW, and which has
substantially lost its identity as a mobile unit at the time of sale by
virtue of its being fixed in location upon land owned or leased by the
owner of the mobile home and placed on a foundation (posts or blocks) with
fixed pipe connections with sewer, water, and other utilities.

(3) "Mobile home" means a mobile home as defined by RCW *46.04.302*
<http://app.leg.wa.gov/RCW/default.aspx?cite=46.04.302>, as now or
hereafter amended.

(4) "Park model trailer" means a park model trailer as defined in RCW
*46.04.622* <http://app.leg.wa.gov/RCW/default.aspx?cite=46.04.622>.

(5) "Used floating home" means a floating home in respect to which tax has
been paid under chapter *82.08*
<http://app.leg.wa.gov/RCW/default.aspx?cite=82.08> or *82.12*
<http://app.leg.wa.gov/RCW/default.aspx?cite=82.12> RCW.

(6) "Used park model trailer" means a park model trailer that has been
previously sold at retail and has been subjected to tax under chapter
*82.08* <http://app.leg.wa.gov/RCW/default.aspx?cite=82.08> RCW, or that
has been previously used and has been subjected to tax under chapter *82.12*
<http://app.leg.wa.gov/RCW/default.aspx?cite=82.12> RCW, and that has
substantially lost its identity as a mobile unit by virtue of its being
permanently sited in location and placed on a foundation of either posts or
blocks with connections with sewer, water, or other utilities for the
operation of installed fixtures and appliances.

(7) "Floating home" means a building on a float used in whole or in part
for human habitation as a single-family dwelling, which is not designed for
self propulsion by mechanical means or for propulsion by means of wind, and
which is on the property tax rolls of the county in which it is located.

Of course (2) seems to lead you right back to the tax issue.  However, I
have been told by County Auditors (SnoCo specifically) that if you take
proof of ownership of the Property and proof that the County considers the
MH real property and *taxes it as such and that the taxes are current*,
that the DOL will issue a title in the Owner’s name – which you then spin
around and eliminate.  According to the Auditor, the confusion is based
entirely on a lack of communication between the County gov’t and state
agencies.  This entire machination is only for Title Insurance / Lending
purposes but it is often necessary of course.

Honestly, I would lay out the facts the best you can and email DOL.  It can
take a bit for them to respond, but they do.  The first thing they will
want to know is the address of the MH so they can search the records (to
not find anything) but there doesn’t seem to be a way to get them to give
information based on a ‘set of facts’ alone.

On Tue, May 1, 2018 at 9:24 AM Rob Rowley <rob at rowleylegal.com> wrote:

> In 2000 client obtains manufactured home loan through Conseco Finance for
> the purchase a brand-new 2000 manufactured home (built in Oregon) installed
> upon Spokane County real property.  When I reviewed the 2000 settlement
> statement the local third-party escrow/closing company (now out of
> business) collected funds to have the manufactured home title eliminated.
> Deed of trust for the benefit of the MH lender paid off many years ago.
>
>
>
> Treasurer and Department of Licensing have no record of the manufactured
> home.
>
>
>
> In 2018 the property listed for sale and title company raising issues as
> to the fact that title has not been eliminated.  Also, no title to sign
> over to new buyer.
>
>
>
> Your recommendations are welcome.
>
>
>
> 1.    At a minimum need to start working through with the DOL to create a
> new title to the manufactured home.  Then go through the process of having
> it eliminated per RCW 65.20.  Done a couple over the years, but a royal
> pain.
>
> 2.    Probably looking at payment of back mobile home personal property
> taxes from 2000 through the present.  The payment of back taxes is always
> part of the culmination the process.
>
>
>
> Thank you.
>
>
>
>
>
> [image: image002.jpg at 01D33EAD]*Robert R. Rowley* | Attorney at Law
>
> 7 S. Howard St, Suite 218
>
> Spokane, WA  99201
>
> Telephone: (509) 252-5074
>
> Mobile: (509) 994-1143
>
> Facsimile: (509) 928-3084
>
> Email: rob at rowleylegal.com
>
> Web Site: www.rowleylegal.com
>
>
>
> Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho.
>
>
>
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-- 
Robert R. Rowley
*Attorney & Counselor At Law*
p: 509.252.5074  m: 509.994.1143
f: 509.928.3084
a: 7 S Howard St, Ste 218, Spokane, WA 99201
w: rowleylegal.com  e: rob at rowleylegal.com
<https://www.facebook.com/rowleylegal?>
<https://twitter.com/ROBERTRROWLEY>
<https://www.linkedin.com/in/rob-rowley-b2017211/>

Practice concentrated on business, real estate and general legal matters in
Washington and Idaho. NOTICE: The contents of this message and any
attachments may be protected by the attorney-client privilege, work product
doctrine or other applicable protections. If you are not the intended
recipient or have received this message in error, please notify the sender
and promptly delete the message. Thank you for your assistance. DISCLAIMER:
You should recognize that responses provided by e-mail means are akin to
ordinary telephone or face-to-face conversations and do not reflect the
level of factual or legal inquiry or analysis which would be applied in the
case of a formal legal opinion. A formal opinion may very well reach a
different conclusion.
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