[WSBARP] Sale of Mobile Home

[Paul Neumiller]

Thanks to everyone for your thoughts.  The client is going to try for “cash-for-keys.”  If that doesn’t work, then try to convert to a LL/T situation. If that doesn’t work then a replevin action.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Lanza
Sent: Friday, September 20, 2019 3:36 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Sale of Mobile Home

Under those facts, I think Replevin is most appropriate. Ejectment actions are limited to recovery of real property. If title is not eliminated, it’s considered personal property. I’d go with RCW 7.64.020, unless client is open to a cash for keys approach.

Eric J. Lanza
Sent from my iPhone

On Sep 20, 2019, at 3:25 PM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
“Or Paul's initial suggestion of injecting the buyer with something.”
Boy, you guys JUST couldn’t let that go on a Friday afternoon.

So anyway, title to the mobile home was never transferred to the buyer but rather is still in the name of the seller/client.  Also, there is no elimination of title issues because the mobile home is in a mobile home park owned by a third party.    Does this change any analysis?


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rob Wilson-Hoss
Sent: Friday, September 20, 2019 12:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Sale of Mobile Home

There is a statute. It drives me crazy, but it says what it says. If title has been eliminated, then it is part of the real property. If not, then your client doesn't have a lien, I think. I like Eric's thought - cash for keys makes more sense than a lawsuit for $20k with no lien against someone who defaulted on a manufactured home loan. Or Paul's initial suggestion of injecting the buyer with something. Here is the statute:


65.20.030. Clarification of type of property and perfection of security interests

          When a manufactured home is sold or transferred on or after March 1, 1990, and when all ownership in the manufactured home is transferred through the sale or other transfer of the manufactured home to new owners, the manufactured home shall be real property when the new owners eliminate the title pursuant to this chapter. The manufactured home shall not be real property in any form, including fixture law, unless the title is eliminated under this chapter. Where any person who owned a used manufactured home on March 1, 1990, continues to own the manufactured home on or after March 1, 1990, the interests and rights of owners, secured parties, lienholders, and others in the manufactured home shall be based on the law prior to March 1, 1990, except where the owner voluntarily eliminates the title to the manufactured home by complying with this chapter. If the title to the manufactured home is eliminated under this chapter, the manufactured home shall be treated the same as a site-built structure and ownership shall be based on ownership of the real property through real property law. If the title to the manufactured home has not been eliminated under this chapter, ownership shall be based on chapter 46.12 RCW.

          For purposes of perfecting and realizing upon security interests, manufactured homes shall always be treated as follows: (1) If the title has not been eliminated under this chapter, security interests in the manufactured home shall be perfected only under chapter 62A.9A RCW in the case of a manufactured home held as inventory by a manufacturer or dealer or chapter 46.12 RCW in all other cases, and the lien shall be treated as securing personal property for purposes of realizing upon the security interest; or (2) if the title has been eliminated under this chapter, a separate security interest in the manufactured home shall not exist, and the manufactured home shall only be secured as part of the real property through a mortgage, deed of trust, or real estate contract.

Rob

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Lanza
Sent: Friday, September 20, 2019 11:40 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Sale of Mobile Home

Writ of Replevin and/or Writ of Ejectment seem like suitable candidates.

From my understanding, WA is a title state and a UCC-1 cannot perfect a security interest in titled goods (unless the titled goods are inventory, like cars at a car dealership). So, lack of UCC-1 shouldn’t matter.

Even if you have an enforceable security agreement, and a perfected security interest, the non-judicial repossession provisions in Article 9 are probably not going to be helpful in this situation.

If the replevin/ejectment route doesn’t stick, you could sue breach of contract, get an in rem judgment, have the court order the sale of the mobile to satisfy the judgment.

Given the minimal value of the property, if the replevin/ejectment doesn’t work maybe propose a “cash for keys” deal rather than going through a full blown judicial foreclosure.


Eric J. Lanza, J.D.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Friday, September 20, 2019 11:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Sale of Mobile Home

Paul -

Does the contract have a default provision that outlines termination of the contract? I think that you have to terminate the contract with proper notice and then do an ejectment.

Kaitlyn

On Fri, Sep 20, 2019 at 10:44 AM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
While I always prefer to "inject" humor into my posts, here I meant "ejectment."



-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Friday, September 20, 2019 10:32 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Sale of Mobile Home

Listmates:  Interesting situation where I need guidance (or maybe a referral).  Client sold mobile home to buyer using a homemade contract.  No filed UCC-1 or other security that I see.  Contract says that when paid in full, the buyer "will get title within 30 days.  And "In the event Buyer defaults on this contract seller can repossess trailer after 30 days..."  So, the buyer is now in default and client wants the mobile home back.  Everything easily worth under $20K.  Can the client "repossess"?  Through what hoops do we need to jump?  How does client repossess the mobile home when the buyer is still living there?  Injectment?




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Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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