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

Wed May 2 09:31:02 PDT 2018

Check Oregon DOL or Manufacturer records?

John M. Riley III
Attorney | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
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(509) 624-5265 (office)
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witherspoonkelley.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Tuesday, May 01, 2018 6:59 PM
To: WSBA RPPT
Subject: [WSBARP] Quiet Title For Manufactured Home Title Not Eliminated? - MSO/Title Missing

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<mailto: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.

[image002.jpg at 01D33EAD]Robert R. Rowley | Attorney at Law
7 S. Howard St, Suite 218
Spokane, WA  99201
Telephone: (509) 252-5074
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Facsimile: (509) 928-3084
Email: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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