lien perfection/title

[bankerman29]

We have filed Chap 7 bankruptcy and the trustee is asking for lien perfection. we bought the land, then we bought a doublewide mobile home and had it permanently affixed. The mortgage filed with the lender shows the legal description to the land with an addendum of the improvement of adding the home. Trustee wants to see the title with the lein holder stamp on it. Trouble is , no one can find the title. not with the lender, not at dmv, not anywhere. any ideas? anyone else had this problem? I don't want to lose my home .

[David Oxhandler]

Each state has differing laws that apply to MH titles once they are set on land that is also owned by the homeowner. Call the dealer that you purchased the home from to find out what the procedure is in your state. It is possible that there was never a title issued.

[bankerman29]

Looks like their was never a title issued. any ideas?

[David Oxhandler]

Ask the trustee to accept a certified copy of the recorded mortgage from the county or city records. If a recorded document shows the legal description to the land with an addendum adding the home, and that was accepted by the lender, it seems that the trustee should have no problem with it ????

Some states have abandoned the title process for manufactured homes installed on land deeded in the home purchasers name. What state are you located in and do you know if that the case where you live?

[bankerman29]

I am in Arkansas and have contacted everyone to that point. DMV,Title co. etc, no one seems to know the exact rules. I did find something to that point at a website called I'm Home-Manufacture Housing Resource guide. It cites Ark Code Ann. 27-14-807, 27-14-1603 as If a mobile or manufactured home is affixed to real estate, the title may be surrendered to the state department of finance and administration for cancellation. After cancellation,a security interest, lien, or encumbrance may be obtained in the same manner as for real property.

I agree, seems the trustee should consider lein perfected if the lender has no problem with it and it is classified as real property. My lawyer states that next step if we want to go against what the trustee is wanting is to go in front of a judge and cite our documentation.

[David Oxhandler]

Have you tried a certified copy of the recorded mortgage from the county or city records? The trustee needs an official document indicating that you are the owner of that home. Certified copies of official records are about as good as it gets.

You probably don't want to bang heads with the trustee. Too much of your future may ride on his decisions. Ask your lawyer to contact the Arkansas Manufactured Housing Association http://www.amha.net 1123 South University Avenue. Little Rock, AR 72204-1614. (501) 663-8444. Their legal department would be best equipped to assist you.