Bulletin: FL000109

Dear Associates:

New legislation in Florida which was effective July 11, 2003, provides for a procedure to permanently retire a mobile home title. Specifically Florida Statute Section 319.261 allows the owner of a mobile home which is permanently fixed to real property that is either owned by that person or that person has a leasehold interest for a term of 30 or more years, to retire the mobile home title. In order to retire the mobile home title the owner must submit the following documents to the clerk of court for recording:

1) Original title to the mobile home or for a new home the manufactures certificate of origin, which documents shall include a description of the mobile home including model, year, make, width, length, and vehicle identification number.

2) A statement by any record lien holder on the title that the security interest in the home has been released, or such security interest will be released upon retirement of the title.

3) The legal description of the property and in the case of the leasehold interest, a copy of the lease agreement.

4) A sworn statement by the owner of the real property that he or she is the owner of the mobile home and the home is permanently affixed to the real property in accordance with state law.

Attached is an affidavit that can be used to record the above documents.

Once received, the clerk will record the documents in the public records and provide copies of the recorded documents to the owner. The mobile home owner or lien holder as shown on the certificate of title pursuant to a power of attorney from the owner of the mobile home, shall file an application with the Department of Highway Safety and Motor Vehicles ("Department") for retirement of the title to the mobile home. A copy of the application form is attached and can be located at the Departments website www.hsmv.state.fl.us/ . After approving the application the Department shall notify by letter the applicant that the title has been retired. Once the mobile home title is retired the mobile home and property shall only be transferred or mortgaged together pursuant to a deed or mortgage. The deed or mortgage shall include the description of the mobile home. The statue does not provide for any type of notice to be recorded in the pubic records once the mobile home title has been retired.

For issuing title insurance the agent can not rely on the recording of the above documents in the public records as evidence that the mobile home title has been retired. Instead, the agent will have to contact the Department (850-922-9000) and have it confirm that the mobile home has been retired. It is also important to point out that this statute provides for a procedure in which the owner of the mobile home which has a retired title, can apply to the Department for a new title. Once again nothing in the statute requires that notice of a new title be placed in the public records. The agent must contact the Department to determine if a new title has been issued.