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

Wed Sep 21 14:30:19 PDT 2022

 The home may be licensed not considered Real Property. Must be mergedinto one title (title elimination). As far as dissolution my bet is that the licensed manufactured home is in front of the Court as Community Property (presumed)
    On Wednesday, September 21, 2022 at 06:26:14 AM PDT, Kary Krismer <krismer at comcast.net> wrote:  

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

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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 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com

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