De-titling a mobile home in Tennessee is an essential step in establishing it as real property rather than personal property. This process can be somewhat complex, but it’s crucial for homeowners who want to secure a permanent location for their manufactured home. In this guide, we’ll provide a comprehensive breakdown of the process of de-titling a mobile home in Tennessee, ensuring that you understand each step and can navigate it with ease.
Understanding De-Titling
De-titling is the process of converting a mobile home’s title, which designates it as personal property, into a real property deed. This transformation allows the mobile home to be considered part of the land, much like a traditional site-built home.
Steps to De-Title a Mobile Home in Tennessee
De-titling a mobile home in Tennessee involves several steps, and it’s essential to follow them carefully to ensure compliance with state regulations. Here’s a breakdown of the process:
1. Verify Eligibility
Before starting the de-titling process, ensure that your mobile home is eligible for de-titling. Requirements may vary, but generally, your manufactured home must be permanently affixed to the land and connected to utilities.
2. Obtain a Statement of Ownership and Location
You’ll need to complete a Statement of Ownership and Location (SOL) form, which is provided by the Tennessee Department of Revenue. This form gathers information about the mobile home, including its location, ownership, and details about the land it’s on.
3. Submit the SOL Form
Submit the completed SOL form to your county’s Register of Deeds office. You may need to pay a recording fee, so check with the office for the current fee schedule.
4. Inspection and Certification
Some counties in Tennessee require an inspection of the home to ensure it meets local building codes and safety standards. If an inspection is necessary, schedule it through your local code enforcement office.
5. De-Titling Affidavit
You’ll need to complete a De-Titling Affidavit, which declares your intention to permanently affix the mobile home to the land. This affidavit is typically obtained from the Register of Deeds office or the county clerk’s office.
6. Notarize the Affidavit
Have the De-Titling Affidavit notarized to make it legally binding. Many county offices have notaries available, or you can visit a notary public.
7. Record the Affidavit
Take the notarized De-Titling Affidavit to the Register of Deeds office for recording. There may be a fee associated with recording the document.
8. Receive the Deed
Once the De-Titling Affidavit is recorded, you’ll receive a deed that includes the mobile home as part of the real property. This deed establishes ownership rights and the legal status of the manufactured home.
9. Update Tax Records
Inform the county tax assessor’s office of the change in property status. Your mobile home will now be subject to real property taxes rather than personal property taxes.
10. Update Insurance
Notify your insurance provider of the change in status. You may need to adjust your insurance coverage to account for the mobile home’s new classification as real property.
Steps for De-titling Your Mobile Home if it is Financed
De-titling a mobile home while it’s financed can be a complex process, as there are legal and financial considerations involved. De-titling essentially means removing the home’s title as it transitions from personal property to real property, usually by attaching it permanently to a foundation. Here’s an expanded explanation of this process:
1. Understanding De-titling
In many cases, when a mobile home is financed in Tennessee, it’s initially treated as personal property, and it has a title, similar to a vehicle. De-titling involves changing its status to real property by affixing it permanently to a foundation on land you own.
2. Consult with Your Lender
If your home is financed in Tennessee, it’s essential to inform your lender about your intention to de-title it. They may have specific requirements or procedures you need to follow. Be prepared to provide details about the foundation and land where the home will be placed.
3. Surrendering the Title
Depending on the lender and state regulations, you may be required to surrender the mobile home’s title to a relevant authority, such as the state’s Department of Motor Vehicles (DMV). This process formally removes its classification as personal property.
4. Creating a Deed
To establish the mobile home as real property in Tennessee, you’ll need to create a deed that legally attaches the home to the land it sits on. This deed should be recorded with the local county clerk’s office to ensure it’s legally recognized.
5. Lender’s Approval
Ensure that your lender approves the de-titling process and the attachment of the mobile home to the foundation. They may want to inspect the property to verify that it complies with their requirements.
Given the legal and financial complexities involved in de-titling a financed mobile home in Tennessee, it’s highly recommended to consult with a real estate attorney or a legal professional who specializes in manufactured home transactions. They can guide you through the process, help with the necessary documentation, and ensure compliance with all legal requirements. It’s crucial to work closely with your lender to ensure a smooth transition from personal property to real property in Tennessee.
Final Considerations
De-titling a manufactured home in Tennessee is a significant step towards securing its place as a permanent fixture on your property. It’s essential to follow the process meticulously, including completing the necessary paperwork, obtaining the deed, and updating records with local authorities. By doing so, you can enjoy the benefits of homeownership with a de-titled mobile home.
Helpful Links:
Tennessee Department of Revenue – Mobile Homes
U.S. Department of Housing and Urban Development; HUD Manufactured Housing Program