real property or not!

[Kay]

I have a question that perhaps someone might be able to help with?

A few years a go I purchased land with a manufactured home on it. I purchased it from a bankruptcy auction, ( these sales are assumed that that the land and all real property is sold with it ). You purchase the "tax lot" / address. All buildings on it are also sold with it.

What "legally" proves that a manufactured home is "real property" if was never recorded prior to my purchase.

We have had an appraiser look at it and in their opinion the home is on a foundation......who's opinion would create a "legal" determination.....

If the manufactured home was never titled or registered by anyone for the first 5 years of it's exsistance......was new and placed on a foundation on real property.....then the land was sold in a bankruptcy auction to myself. After my purchase of the land /? and home? as we thought. After the purchase, I extensive searching for a title or any trace of this home, never found any and then filed for lost title and got the home in my name.

Now the attorney for the wife of the bankruptcy is taking legal action, stating that I owe her for half of the manufactured home..........as she says that during the bankruptcy the proper releaf from stay was not followed in respect to this.

We are headed to mediation with our attorneys, yet I wanted some feedback if anyone else has advice or experience as to this dilema.

What does it take to finalize legally that the Manufacutured home is actually real property.....foundation, etc.......if it was never recorded anywhere at the time of installation or for years there after? ( Oregon )

Thank you for your thoughts and feedback! Kay

[rmurray]

This is all attroney questions...

Most states require a manufactured home to be titled...but there was a time during which mortgage rules were confusing and titles were not always issued...Tax authorities usually have a system for deciding if the home is part of the real estate as well..

The mannor in which the home is set up..would NOT have anything to do with your question...This is a legal question that requires legal advice and probably a judge...

Personnally I do not understand why you would even bother with mediation...unless your attorney thinks you might owe...Did you have representation when you bought this property???...Did you mortgage the property and have title insurance????...Title insurance would defend and cover you in this instance...Good Luck