How to Take and Perfect a Security Interest in a Mobile Home

By Scott Birrenkott

While there are no new requirements regarding the taking and perfecting of a security interest in a mobile home, WBA has received several questions recently regarding the steps for doing so. While taking and perfecting a security interest depends upon the facts of a particular loan, as well as a bank’s available documentation, there are some important general aspects to consider specific to mobile homes, which are presented in this article.

When it comes to perfecting a security interest on a mobile home (note that there is an important distinction when a mobile home becomes a “manufactured home” which is discussed more below), we have a few recommendations for what to consider. Typically, we recommend starting with whether the home is on land and whether it is affixed to that land. This is important because if the home is affixed to the land, the bank will need to file a fixture filing with the register of deeds office where the land is located.

Additionally, if the home is located on land not owned by the homeowner, for example a trailer park, the bank should consider obtaining a fixtures disclaimer signed by landowner. On the other hand, if the home is on land owned by the mobile home owner, the bank should consider filing a mortgage on that land as well.

For purposes of perfection, under Wisconsin law, a security interest in a “manufactured home” is perfected by notation on the certificate of title with the Department of Commerce (DOC) unless it is a fixture or intended to be affixed to land. Note that a “manufactured home” includes in its definition a mobile home that is greater than 45 feet in length. A mobile home that is 45 feet or less is considered a “recreational vehicle” and the Department of Transportation (DOT) retains responsibility for these vehicles.

The DOC may remove information pertaining to a security interest perfected in a manufactured home from its records when 20 years has elapsed after the original perfection. This is also true with regard to the DOT and information pertaining to a security interest in “recreational vehicles.” However, a secured interest in a manufactured home that is a
fixture or which the owner intends to permanently affix to land that the owner of the manufactured home owns is not necessarily perfected by a notation on the certificate of title, as there may be no such title. Instead, the creditor should file a fixtures filing on the manufactured home.

With respect to such a fixtures filing the Wisconsin Manufactured Home Certificate of Title must be completed for titled manufactured homes greater than 45 feet in length. To obtain a perfected security interest in the home, a lender must have its lien noted on the title of the home that is delivered to DOC.

Keeping in mind the distinction between a “manufactured home” versus mobile homes that might not meet that definition, the MV1- Wisconsin Title and License Plate Application must be completed for those mobile homes 45 feet in length or less which are titled. The perfection of a security interest in a mobile home is accomplished by a notation of the lien on the Certificate of Title that is delivered to DOT. For titled manufactured homes, the bank’s security interest is perfected as of the time of its creation if the delivery described (to either DOT or DOC) is completed within 10 days thereafter, otherwise, as of the time of such delivery.

Taking all of this together, and given the various complexities in the area of mobile homes, it has been our longstanding recommendation that lenders do all as applicable to perfect their security interest in manufactured homes. For example, have the bank’s lien noted on title either with DOC or DOT, and File UCC 1 and UCC 1A fixtures filing with Register of Deeds office where a mortgage would be filed on related real property noting that the fixtures filing is being filed in connection with a manufactured home transaction, and if applicable, a fixtures disclaimer.

Note: The above information is not intended to provide legal advice; rather, it is intended to provide general information about banking issues. Consult your institution’s attorney for specific legal advice or assistance.

 

Birrenkott is the WBA director – legal