Bulletin: MI2022004

Dear Associates:

Please be advised that on March 15, 2022, the Governor of Michigan signed into law Public Act 33 of 2022 (attached) which law modifies the Mobile Home Act most specifically by adding subsection 30k. This subsection addresses circumstances under which the Department of Licensing and Regulatory Affairs (the “Department”) will certify an Affidavit of Affixture where the mobile home title has been lost or never received by the current property owner. The Act becomes effective June 13, 2022.

Section 30k provides that if a mobile home is affixed to real property and the party claiming to own the mobile home also owns the property, and the mobile home has been located on the property for 15 years or more, but the owner of the mobile home either lost or never received the certificate of title to the mobile home when the owner acquired title to the property with the mobile home already affixed to it, the mobile home will be considered affixed to the land free of any interests previously attached to the mobile home. The Department must approve the Affidavit of Affixture as submitted, if the owner of the mobile home submits to the Department an Affidavit of Missing Title which contains all of the following information:

(a) The name and address of the owner of the real property.

(b) The address at which the mobile home is physically affixed, if different from the address of the owner of the real property.

(c) A description of the mobile home that includes the name of the manufacturer, the year of manufacture, the model, and the mobile home’s or manufacturer’s serial number to the extent this information is known to the affiant. An affiant that does not know the manufacturer’s serial number must comply with subsection (6) to obtain the serial number, or if applicable, subsection (7) to obtain a replacement serial number.

(d) A statement that the mobile home is affixed to the real property and either of the following pieces of information:

(i) Information as may be satisfactory to the department regarding the date that the mobile home was placed on the real property.

(ii) The date the property assessment or tax roll first reflected that the real property to which the mobile home is affixed was improved with the mobile home. If this subparagraph applies, the owner of the mobile home shall include documentation from the treasurer of the county in which the real property is located that shows proof of the date required under this subparagraph.

(e) A statement that the mobile home and the real property to which it is affixed are not located in a mobile home park.

(f) The legal description and tax parcel number of the real property to which the mobile home is affixed. For purposes of this subdivision, a copy of the vesting deed of the real property must be attached.

(g) A statement that to the best of the affiant’s knowledge, no payments are currently being made to any secured party and no amount is currently owned under any debt obligation that may have previously been secured by the mobile home.

(h) A statement that the wheels, towing hitches, and running gear of the mobile home have been removed.

(i) A statement that the mobile home is attached to a foundation or other support system.

Thus, if your proposed sale involves a mobile home which has been affixed to the property 15 years or more and the title has been lost, or never received by the current owner, you may submit the above-described Affidavit of Title along with the Affidavit of Affixture to the Department requesting that the Affidavit of Affixture be certified for recording, allowing us to insure a sale or refinance of the property.

If you are asked to insure a transaction where the threshold period of 15 years is not met, and the owner doesn’t have the mobile home title, you will have to continue with the current process of securing a Court Order which Order declares that the owner of the property is the owner of the mobile home free and clear of the interest of any secured party. You would then submit the Order along with an Affidavit of Affixture to the Department, pay all applicable fees, and request a certified Affidavit of Affixture for recording.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.