Purchasing Land in Tenn with a mobile home that doesn't have a title

[SheIsShell]

My fiance and I are interested in buying 10.8 acres of land in eastern TN. There is a very large 2001 double wide mobile home on the property, in need of repairs. The price for the property has been continuing to drop due to the fact that the real estate agent cannot find a clear title for the mobile home. In TN, if the home and land are owned by the same person and the home is attached to the land, you don't need a title. I'm not sure what exactly 'attached' means. We are not planning on moving or selling the mobile home. We want to renovate it and live in it or rent it out. Should we be leery of buying this property since there is no known title for the mobile home? Could someone come along and claim title to it at a later date? How can we find out if, in fact, a title was ever issued for this home and find any subsequent titles or outstanding liens that maybe of issue? This property is a bank owned foreclosure and we would pay cash for it so there wouldn't be an issue of trying to finance it.

What do you suggest in this situation? The mobile home, if fixed up, is worth the asking price alone as it's 5 bedrooms, 3 full baths, fire place, large kitchen, etc. with a fabulous view. We'd really love to purchase this property but only if we can be sure the mobile home will also be our property.
Thank you for your help.

[David Oxhandler]

In Tenn when the real estate and the manufactured home are owned by the same owner(s), and the manufactured home is affixed (installed) to the real estate, the owner(s) may record an Affidavit of Affixation.

This means that the manufactured home is to be taxed as part of the real property to which it is affixed, so the assessor of property will need to know when these affidavits are filed so that the property may be added to the county’s tax rolls.


Affidavit of Affixation is to be used only when the owner of the manufactured home also owns the real estate to which the home is affixed. If the land is owned by someone other than the owner of the manufactured home, a certificate of title must be obtained regardless of whether the home is affixed to the land.

Certificate of Title. Manufactured homes which are not affixed to land, and those which are affixed to land owned by someone other than the owner of the manufactured home, will continue to be issued certificates of title as they have been in the past. For manufactured homes that are affixed to the owner’s land and for which an Affidavit of Affixation has been recorded, no certificate of title is necessary. For example, it is not necessary to issue a certificate of title for a new manufactured home purchased by a land owner to be affixed to that land if the owner is filing an Affidavit of Affixation with the register.

If a certificate of title previously has been issued for a manufactured home that is affixed to the owner’s land, the owner may surrender the title to the Department of Safety for cancellation by providing the following documentation to the county clerk:

(1) Certificate of title to the manufactured home duly endorsed to show release of any lienholders;

(2) Certified copy of deed to real property to which the manufactured home as been affixed as recorded in the register’s office; and

(3) Certified copy of affidavit of affixation recorded in the register’s office.

No fee was specified in the legislation for either the county clerk or the state for the surrender of the certificate of title.

Please note that the surrender of the certificate of title is not mandatory. The owner may choose to continue to hold a certificate of title for the manufactured home, even though it is affixed to real estate owned by him or her.

If the owner of a manufactured home who has surrendered the certificate of title later wants to have the title reissued (which may happen if the owner sells the manufactured home without selling the real property), this may be done by applying for a new certificate of title with the county clerk and providing the following:

(1) An abstract of title showing legal ownership of the manufactured home and real property and any mortgages recorded on the real property;

(2) For every lienholder shown on the title abstract, either a release of the lien or a lienor’s statement that the lien is to be recorded on the certificate of title; and

(3) Payment of the required fees for issuance of the certificate of title.

(lifted from Tennessee.edu - Manufactured Homes – to Title or Not?)

[SheIsShell]

I read the information you cited above on the University of Tenn website but what they don't tell you is how to find out who was the original owner and any subsequent owners. Would hiring a title company be the way to go? You would think that the realtor or bank that foreclosed on the property would have done that but the realtor says she has been unable to find out to whom the mobile home originally belonged or if it was the same person who owned the land. I can't believe it would be that difficult for a realtor or bank to find out this information. There has to be a way to backtrack to see who is currently considered the owner or lien holder. I know you said in an earlier post that buying a mobile home without a title is the height of stupidity unless you are sure it is affixed to to the property. So, how do we make sure this is the case? Thanks for your help!

[David Oxhandler]

It seems to me that ....If an Affidavit of Affixation was recorded than then the ownership of the home passes with the land deed.

A search of the local deed records will tell you who owned the place before you did. A search of building permits should tell you when the home was installed and who owned it at that time.

[SheIsShell]

David, thank you so very much for your advice. I'll get on it first thing Monday morning! BTW, I lived in DeLand, FL for quite a while. Not too far from where you lived.