THE IMPORTANCE OF MOBILE HOME TITLES
In my role as a closing attorney, one of my primary responsibilities is to ensure the correct transfer of all property titles during a home sale. This task is of particular importance when dealing with mobile homes. In this post, I will delve into why this process is so crucial, and discuss the process in Georgia for attaching a mobile home to the real property, if that is something you as a Homeowner wish to do.
The Critical Role of Transferring Mobile Home Titles at Closing
Transferring mobile home titles at the time of closing is not just a bureaucratic task; it is a critical step in the home buying process. This transfer is a legal acknowledgment of the change in ownership from the seller to the buyer. It is a procedure that ensures that property rights are transferred, and responsibilities are duly handed over. This is particularly important to not only complete, but complete correctly, because in Georgia there may be more than one title for your mobile home.
In Georgia, this process is not as simple as signing on a dotted line. It involves multiple steps, including signing the title, completing a Bill of Sale with all the necessary details of the transaction, and filing the necessary paperwork and paying the appropriate fees with the local county tax commissioner's office. This paperwork ensures that the transfer is registered and recognized by the local authorities.
The Importance of Keeping Up with Mobile Home Titles
Once the closing process is over, the responsibilities of a mobile home owner do not end. It's important to keep up with your mobile home title. This title, like a car title, is more than just a piece of paper; it is a legal document that proves ownership. It is an important document that you must protect and keep safe.
If you decide to sell your mobile home in the future, you'll need this title to transfer your ownership to your future buyer at closing. Without it, you might find yourself in a bind. Losing this document can complicate the sale process, delay the process, prevent the closing entirely, and may even result in legal issues. It is not just about delaying the process; it can lead to disputes over ownership, or even legal penalties.
Even if you don’t decide to sell your property and mobile home in the future, in the event you refinance or seek a home equity line of credit from a Lender, they will require the title be presented to them in order to perfect their lienholder interest in the property. If it cannot be located, your loan closing may be delayed or even denied completely.
The Process of Attaching a Mobile Home to Real Property in Georgia
In Georgia, the laws provide for an option to 'retire' the mobile home title. This process effectively attaches the mobile home to the land it's on. This process, known as 'affixation', transforms the mobile home from personal property into real property. In our experience, many sellers believe this process has already happened, but a diligent search of the real estate records and the tax assessor records determines that the mobile home was never attached or the process was not completed entirely.
Affixation can be beneficial for mobile homeowners in multiple ways. It often increases the property value, as the home now becomes a permanent fixture on the land. It may also simplify future sales, as the property is now viewed as a single entity, rather than a home and land separately. There is no mobile home title(s) to keep up with any longer once the mobile home is attached to the real property.
To retire a mobile home title in Georgia, an application is first submitted, with appropriate fees, to the local tax commissioner’s office. This process involves verifying that the home is permanently affixed to the land and that all property taxes have been paid. From there, appropriate documentation is completed and recorded with the local Superior Court Clerk’s Office and the tax commissioner. It might seem like a long process, but the benefits that accrue make it worth the effort.
In conclusion, dealing with mobile home titles may seem complicated, but it's a crucial part of buying and owning a mobile home. As Your Hometown Attorney, I'm here to guide you through this process. My goal is to ensure a smooth closing and a clear title, to help you avoid any future complications. The peace of mind that comes with a properly transferred title is priceless, and I am here to help you achieve that.
If you have questions about your mobile home title or are interested in having us assist you in attaching your mobile home to your real property, call us today at 706-359-3332.