Are Mobile Homes Personal Property or Real Property?

Summary

The script discusses whether mobile homes are classified as personal property, like a car or boat, or real property, similar to a house or condo. It clarifies that if a mobile home is on rented land, it's considered personal property. However, if the owner owns the land and the home is attached, it may be real property, depending on whether the land and home are legally merged. New Hampshire is unique, treating all mobile homes as real property. The script also advises checking with the seller, looking at public records, and considering the state's property laws to determine a mobile home's classification.

Takeaways

• 🏠 Mobile homes are considered personal property if the owner does not own the land they sit on, similar to a car or boat.
• 📜 In most states, if the mobile home owner has a title or similar document, it's treated as personal property.
• 🏞️ New Hampshire is unique in that it considers all mobile homes as real property, regardless of the land ownership.
• 🔢 Approximately 75% of mobile homes are located on private land owned by the homeowner, yet two-thirds are still considered personal property.
• 💼 The distinction between personal and real property is important for tax purposes and how the property is treated legally.
• 📝 If a mobile home owner owns the land and the home is attached, it may be considered real property, but this depends on local regulations.
• 🏡 In the majority of cases, mobile home owners have not merged the land and the home into one legal entity, keeping them as separate properties.
• 📋 To determine if a mobile home is real property, one should check if the land and home have been legally combined, often requiring a fee and form at the local courthouse.
• 🤔 The seller of a mobile home should know if the property is attached to the land and if they've combined the legal descriptions into one.
• 🏦 If a mobile home has a mortgage, the title will be held by the bank until paid off, which can indicate it's treated as personal property.
• 📊 Different states have different practices regarding titles and property classifications, affecting how mobile homes are considered.

Q & A

Are mobile homes always considered personal property?

No, mobile homes are not always considered personal property. Their classification depends on whether they are located on land owned by the mobile home owner and if the mobile home and land are considered as one legal entity.

What is the primary factor that determines if a mobile home is considered personal or real property?

The primary factor is the ownership of the land on which the mobile home sits. If the mobile home owner does not own the land, it is typically considered personal property.

In which state are all mobile homes considered real property regardless of the land ownership?

In New Hampshire, all mobile homes are considered real property, regardless of whether they are in a park or elsewhere.

What is the significance of the land ownership in determining the property status of a mobile home?

If the mobile home owner owns the land on which the home sits and the home is attached to the land, it may be considered real property, provided the land and the mobile home are legally merged as one entity.

What is the term used in some states to refer to the title of a mobile home?

In some states like Vermont, a mobile home title is referred to as a 'bill of sale.' In Texas, it is called a 'certificate of ownership and location.'

What percentage of mobile homes are located on their owners' private property according to the Census Bureau and HUD.gov?

According to the Census Bureau and HUD.gov, 75% of mobile homes are located on their owners' private property.

Why are two-thirds of mobile homes on private property still considered personal property?

Two-thirds of these homes are considered personal property because the mobile home owners have not merged the raw land and the mobile home together into one legal entity.

What does it mean to 'marry' the mobile home and the land together?

To 'marry' the mobile home and the land together means to legally combine them as one entity, which typically requires a fee and a form to be recorded at the local courthouse.

How can you determine if a mobile home is attached to the land and considered real property?

You can ask the seller, check online through the county public record system, or see if the land has a mobile home attached to it in the property's legal description.

What is the role of a title in determining if a mobile home is personal or real property?

A title indicates that the mobile home is considered personal property. If there is a mortgage on the home, the title will be held by the bank until the mortgage is paid off.

Why might a seller not have a title for a mobile home?

A seller might not have a title if there is an outstanding mortgage on the mobile home, in which case the bank holds the title until the loan is paid off.