Manuf. Home on Perm. foundation in Arkansas

[freemay2003]

I live in Arkansas and am trying to refinance my Manufactured home.

History:
We purchased the home from a realty group in 2005, who purchased it from the estate of the original owner who passed away in 2003 (I think in Kansas). The realty group didn't get a title for the home, nor did my wife and I when we purchased the home, I guess it wasn't required. The county where we pay taxes on it lists it as attached to the real estate, so that is probably how everyone was able to buy/sell it without transfer of title.

According to the lender we either need to get a subopena for the death cert, or get a bonded title. Is there any way around this since the laws changed since 2005 and now require the title in hand? I was hoping we would be grandfathered into the old way and could just get the title cancelled since it has already been legally sold 2 times.

Any suggestions/tips? I called the manufactured home folks that lobby in Little Rock, but they haven't gotten anything through since the change.

 

[tranquility]

Either you follow what the bank wants, or you need an attorney. I'd get an attorney. You don't want this to be a problem when you sell or otherwise transfer the home.

 

[justalayman]

If the title was retired when the home was attached to real property (land), nobody should have moved the thing. It then became part of the real estate and as such, no longer required a title. The home along with the land would be transferred to any subsequent buyers via the use of a deed.

The problem I am having is determining if and if so, who re-issues a title if the home is removed from the real estate. When you cancel a title when placing it on real estate, it is considered permanent. I do not know if they have a process in place for re-issuing a title.


So, who removed it from the real property? If it is possible to obtain a re-issued title, the person that removed it from the real property is who would have to obtain a title since they are then converting it from real property back to a titled property falling under the motor vehicle department.

 

[tranquility]

The process is at:
Ark. Code Ann. § 27-14-1603

The title must be turned over to the Department of Finance and Administration for cancellation.

The way title insurers instructed after the court decision in 2005 is at:
http://www.alma.ctic.com/uploads/documents/UNDERWRITING%20BULLETINS/AR_BULLETIN_Arkansas(MANUFACTURED_HOUSING).doc

Again, I think the OP should jump through the bank's hoops, or see an attorney to resolve this once and for all. (As he doesn't have the original title and that makes this one step removed.) There may be a lawsuit involved unless title has already been cancelled. (Which I suspect not as the bank is not accepting of things.)

 

[freemay2003]

Thanks all for you help. I would have figured the title company would have caught the title issue the last 2 times it was sold, but alas they appear to be idiots.

The problem I am having is determining if and if so, who re-issues a title if the home is removed from the real estate. When you cancel a title when placing it on real estate, it is considered permanent. I do not know if they have a process in place for re-issuing a title.

This makes me wonder if the companies who move houses need to title a stick built home before it's moved...

As far as I know my home has never been moved except for the original purchase.

 

[justalayman]

freemay2003;3154077]Thanks all for you help. I would have figured the title company would have caught the title issue the last 2 times it was sold, but alas they appear to be idiots.

title company? Is this on real property (land)?

This makes me wonder if the companies who move houses need to title a stick built home before it's moved...

no because a stick built home never had a title or MSO to surrender. A stick built home never falls under the control of the DMV.

As far as I know my home has never been moved except for the original purchase.

Is it in the same place now as it was when originally purchased and placed?