[WSBARP] Is a manufactured home real property in Wasington?

[Kary Krismer]

I'm not sure what you mean by the county will presume.  I think the 
concern is more the title company, and what they will insure for the 
buyer/lender.

We had a situation last year where title had apparently not been 
eliminated/recorded, but the county had been assessing the 
mobile/modular as real property.  Our situation also involved a probate, 
and the company that sold/placed the unit on the land was also defunct 
and its owner dead.  Making matters more difficult, the information that 
is typically inside the unit was missing (cabinets probably replaced), 
and it was located in King County with their purposefully unhelpful 
staff, which practically require a writ of mandamus to answer the phone 
or talk in person.  Then the icing on the cake was the escrow picked by 
the listing agent was a known incompetent who basically didn't let us 
know she was stumped for weeks until repeatedly pressed (she kept saying 
she was working on it, when she didn't have a clue what to do).

Anyway, for those in a similar situation without enough information on 
the mobile to eliminate title, I did find a contact at DOL in Olympia 
who looked at the information we could hobble together, who then told 
King County DOL to proceed with elimination.  If anyone ever needs that 
contact information I could look it up.  Once I got directly involved it 
only took about two days for that decision to be made by DOL Olympia. 
Fortunately, the King County DOL office acted promptly and the King 
County Building Permit folks were not an obstacle, but they probably 
could have been since they have a say in it too somehow.  It was a very 
stressful closing made more so by an incompetent escrow officer.

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 9/20/2022 2:07 PM, Brent Williams-Ruth wrote:
> Just want to chime in to say that a County will presume that there HAS 
> NOT been title elimination if there is not one recorded. I had a 
> probate last month where there is NO RECORD of the DOL filings/title 
> but there is no Title Elimination and so the County presumed it has 
> not occurred.
>
> *Brent Williams-Ruth* (pronouns: he/him)
> /Attorney-At-Law/
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, 
> PLLC***
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>
> On Tue, Sep 20, 2022 at 2:04 PM Craig Gourley <craig at glgmail.com> wrote:
>
>     Manufactured homes are personal property until they go through the
>     title elimination process, at which point they become part of the
>     real property.   The title company should be able to tell you if
>     you give them the tax parcel number of the land.
>
>     *From:* wsbarp-bounces at lists.wsbarppt.com
>     <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of
>     *sdonahue at sdonahuelaw.com
>     *Sent:* Tuesday, September 20, 2022 1:36 PM
>     *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
>     *Subject:* [WSBARP] Is a manufactured home real property in Wasington?
>
>     I have a dissolution where a manufactured home is community
>     property.  It sits on the H’s parents property.  It is permanently
>     sitting on the property.  I understand that various jurisdictions
>     have various requirements to consider a manufactured home real
>     property, but I don’t know what Washington statutes require.  Any
>     thoughts would be appreciated.  I posed this question to the DRAW
>     list serve because I’d also like to know what difference it may
>     make in dividing the community property if it is real property or not.
>
>     Thank you,
>
>     Susan
>
>     *SUSAN DONAHUE***
>
>     Law Office of Susan Donahue
>
>     125 West 2^nd Avenue, Suite “B”
>
>     P.O. Box 81
>
>     Twisp, WA 98856
>
>     (509) 996-5944 (phone)
>
>     (509) 362-9692 (fax)
>
>     sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com>
>
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