The ALTA spec's 5(D) says "
A. Buildings
The location of buildings on the surveyed property observed in the process of conducting the fieldwork.
Suppose you're contracted to perform an ALTA (All Table A items are unchecked) on a Trailer Park or Mobile Home Park. Do you feel that you're obligated to locate the mobile homes or would you consider them as temporary, movable or mobile? Or would it be a case by case basis based on the character of the trailer?
My guts telling me that they should be located. A colleague feels that they aren't permanent and only need to be located if they're within 5 feet of the boundary lines or if they've somehow been altered so they can't be readily moved.
When deciding whether to pay heed to "your guts" versus "a colleague" I tend toward a third option and consult the law.:-D
Most states have a statutory procedure1 for converting manufactured homes from personal property to real property.
My initial thought is that I'd work with the title company and the lenders counsel on the project and get them to make determination as to which (if any) of the mobile homes they plan to insure as real property. Those I would consider buildings for the propose of the ALTA standards and I would dimension them and tie them to the property line. I would probably show/note those that the title company/lender are considering personal property as other substantial site improvements, maybe ghosted in with no dimensions.
1The procedure to covert to personal property in Maryland, for example:
Article - Real Property
å¤8BÛÒ201.
A manufactured home shall be converted to real property when all of the following events have occurred:
(1) The manufactured home is attached to a permanent foundation;
(2) The ownership interests in the manufactured home and the parcel of real property to which the manufactured home is affixed are identical; and
(3) An affidavit of affixation complying with the requirements of å¤ 8BÛÒ202 of this subtitle has been recorded with the clerk of the court of the county in which the parcel of real property to which the manufactured home is affixed is located
a) An affidavit of affixation shall contain or be accompanied by:
(1) A description of the manufactured home, including:
(i) The name of the manufacturer, make, model name, model year, dimensions, and manufacturerÛªs serial number; and
(ii) A statement whether the manufactured home is new or used;
(2) The street address and legal description of the parcel of real property to which the manufactured home is or will be affixed;
(3) A statement that the ownership interests in the manufactured home and the parcel of real property to which the manufactured home is or will be affixed are identical or will be identical after filing the affidavit of affixation in the land records; and
(4) A statement that the manufactured home is or will be attached to the real property described at the time of the filing of the affidavit of affixation in the land records.
(b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of affixation shall be accompanied by:
(i) An original certificate of title issued by the Motor Vehicle Administration for the manufactured home that:
1. Has the word ÛÏsurrenderedÛ clearly written on its face; and
2. If the certificate of title indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home; or
(ii) A manufacturerÛªs certificate of origin for the manufactured home that:
1. Has the word ÛÏsurrenderedÛ clearly written on its face; and
2. If the manufacturerÛªs certificate of origin indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home.
(2) If the owner is unable to locate an original certificate of title or a manufacturerÛªs certificate of origin, the affidavit of affixation shall be accompanied by a report prepared and acknowledged by an attorney licensed to practice in the State or a title insurance producer licensed to do business in the State that:
(i) Identifies the party preparing the report;
(ii) States that a search has been conducted of:
1. The land records of the county in which the parcel of real property to which the manufactured home is or will be affixed is located; and
2. The records maintained by the Motor Vehicle Administration; and
(iii) Identifies all liens on the manufactured home, including for each lien:
1. The name of the lien holder;
2. The nature of the lien;
3. The date the lien was created; and
4. The amount of the lien.
(c) (1) If an affidavit of affixation is accompanied by an original certificate of title, the affidavit shall be accompanied by:
(i) A statement that it is the intent of the owner to surrender the certificate of title; and
(ii) A statement that:
1. There is no lien on the manufactured home; or
2. Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.
(2) If an affidavit of affixation is accompanied by a manufacturerÛªs certificate of origin, the affidavit shall be accompanied by:
(i) A statement that a certificate of title has not been issued for the manufactured home;
(ii) A statement that it is the intent of the owner to surrender the manufacturerÛªs certificate of origin; and
(iii) A statement that:
1. There is no lien on the manufactured home; or
2. Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.
(3) If an affidavit of affixation is accompanied by a statement from an attorney or title insurance producer, the affidavit also shall be accompanied by:
(i) A statement that the owner is unable to locate a certificate of title or a manufacturerÛªs certificate of origin for the manufactured home; and
(ii) A statement that identifies all liens on the manufactured home, including for each lien:
1. The name of the lien holder;
2. The nature of the lien;
3. The date the lien was created; and
4. The amount of the lien.
(d) An affidavit of affixation shall be signed under penalty of perjury and acknowledged.
(e) The clerk of the circuit court of the county in which the parcel of real property to which a manufactured home is or will be affixed is located:
(1) Shall accept an affidavit of affixation and any attachments for recordation and indexing; and
(2) May charge a reasonable fee for the recordation.
(f) The recordation of an affidavit of affixation does not represent a sale or transfer of real property for the purpose of the collection of any tax or fee charged by the State or any county or municipality.
(g) (1) Immediately after filing an affidavit of affixation with the clerk of the circuit court, the owner of the property to which a manufactured home has been affixed shall send a certified copy of the affidavit and any attachments to the Motor Vehicle Administration.
(2) On receipt of a certified copy of an affidavit of affixation and any attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall record the affidavit and attachments in the AdministrationÛªs records.
We did a few ALTA's on mobile home parks when I was surveying in Florida. We located all of the typical items and the utilities at each mobile home location. Everything was overlayed on an aerial for the final deliverable. We did not locate any of the mobile homes.
Joel S, post: 362253, member: 380 wrote: The ALTA spec's 5(D) says "
A. Buildings
The location of buildings on the surveyed property observed in the process of conducting the fieldwork.Suppose you're contracted to perform an ALTA (All Table A items are unchecked) on a Trailer Park or Mobile Home Park. Do you feel that you're obligated to locate the mobile homes or would you consider them as temporary, movable or mobile? Or would it be a case by case basis based on the character of the trailer?
My guts telling me that they should be located. A colleague feels that they aren't permanent and only need to be located if they're within 5 feet of the boundary lines or if they've somehow been altered so they can't be readily moved.
My ALTA/NSPS contract specifically exempts the locations of mobile homes.
While I'm not certain how ALTA regulations would affect my decision, I can tell you this;
Generally if there is a concrete pad at each home site, we would locate that and note whether or not there is a trailer on it. Also, locate all utility connections. If the trailer is up on blocks, like a foundation, then locate building corners.
I always locate the mobile homes, or the concrete pad if vacant, and all of the visible utility connections. The lender typically wants to know how many homes there are, or could be there. Usually I extend the rover rod way up and shoot three of the corners, using C (for close) to draw the rectangle.
I also bring cotton for my ears, because most of the parks have dogs that go bark, bark, bark, bark, bark, bark, bark, bark. I don't know how the residents stand it.
A mobile home can be determined stationary when it has permanent underpinning, no axles, no hitch and/or roof attached to cover mobile home.
I would believe anything sitting in a mobile home park to be temporary.
😉
What is your opinion on all of the attachments to the mobile homes, such as porches, roofs, decks, additions to the mobile homes, etc. See pics below.
If you hired to survey a Mobile Home Park, I am sure they are expecting to see where the mobile homes are. I would show them.
Was asked to do a Alta on a mobile home park. I bid to high I guess. But they settled for the improvements being shown with aerial photography. I didn't get the job another firm did & used the aerial photo option. I later saw the recorded plat. Thought it was a bit strange, IMO. But whatever, I didn't seal it.
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Also to add. I have done altas on mhp we located everything, just like any other site. Time consuming, but work is work.
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When there is doubt, show it!
I ended up asking the client. They only want permanent structures located. So I guess it just depends.
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Does an ALTA require you to determine if each trailer is properly strapped down?
Not that that really matters in Kansas or Oklahoma.
Paul in PA
We don't have trailers here, we have MOBILE homes. Did you ever see one of those mobile things suspended over a baby crib? Constant movement.
A lot of times lenders are interested in mobile homes, even if we aren't. If it isn't specified I'll still get them them in the most effective way possible...usually 2 shots on each and then break out the tape.
Not only have I located mobile homes, but on one particular project, the clients wanted the FFE on each mobile home..... I added a note stating the field date and time of the FFE and that they were subject to change from relocation of home, settlement, severe weather, etc. 😎
I can explain it to you, but I can't understand it for you...
Real property vs Personal property. It takes an inspection, a state statute (like James pointed out), and a surveyor to make the determination. If it's not part of the real property, then it's not covered in the ALTA policy. You'll likely have to locate all of the mobile homes and designate which ones are part of the real property estate (being insured) and which ones are personal property (not insured).