Not to worry, there is a solution, and we can help.

Since 1978, mobile homes have been titled as mobile homes (previous to that they were “motor coaches”). (See: MCL 125.2330). A dealer should apply for a title for the buyer. The buyer should then receive a certificate of title from the Secretary of State which has a manufacturer’s Vehicle Identification Number (or “VIN”).

A mobile home can remain as a titled asset. But, when a mobile home is placed on a parcel of land, it becomes affixed to the real estate — which means it is permanently attached, often on a foundation or basement. The mobile home then ceases to be a titled asset and instead is included in the real estate. The legal definition of affixed is this:

(a)A mobile home is “affixed” to real property if it meets all of the following:

(i) The wheels, towing hitches, and running gear are removed.

(ii) It is attached to a foundation or other support system.
MCL 125.2330i

If you have your title and you wish to make the home affixed, and thus no longer a titled vehicle, the process to make this happen is easy. You file a document called an “Affidavit of Affixture of Mobile Home Application” with the Michigan Secretary of State. The form can be found on the SOS website.

That form along with the required fee (currently $90 when this was written) must be accompanied by the ORIGINAL Certificate of Title.

If the title is simply lost and therefore missing, not to worry, you just file an “Affidavit of Missing Mobile Home Title.” That form can also be found on the SOS website. The SOS offers this advice:

“Mobile home owners who need a title for a mobile home that was not properly recorded with the Michigan Department of State, or is titled in another owner’s name, should have the previous mobile home owner assign their mobile home title to the current mobile home owner. This is the easiest method for a mobile home with a missing title. Previous owners who sold the mobile home may be required to obtain a duplicate title to properly assign the title to the current owner.”

But, that again assumes that you know (or can find) the title (which gives you the manufacturer, date of manufacture, VIN, name of titled owner, etc.) and have cooperation of any prior owners. if needed. The original title as well as the VIN/manufacturer and date of manufacture are often missing. If this is the case, that you have no VIN and cannot get title in your name, then a different process is required.

The SOS offers this advice:

If the options for obtaining a title under “Abandoned mobile homes” and “Mobile homes with missing title” are not available, a park owner or current mobile home owner may obtain a court order awarding ownership that will serve in the place of an assigned title. The court order must identify the mobile home by year, make, vehicle identification/manufacturer’s serial number and assign ownership under the proper name or names. In addition, the order must terminate any previous lien or liens, if applicable, and indicate any new lienholder information if applicable.

The Department of State has been advised that some circuit courts across the state are not familiar with accepting petitions for the awarding of mobile home ownership. Due to the lack of familiarity amongst some courts, the Michigan Department of State is providing this information when filing a petition with the court.

While there is no specified procedure or form, some courts will accept a filing petition to award ownership of a vehicle. Alternatively, some individuals have had success (when the mobile home is being conveyed along with the underlying real property) by filing a quiet title type action.

PLEASE NOTE: Any individual or entity with an interest in the property/mobile home should be named as a defendant. The Department of State should not be named as a defendant in any case filing, as this may delay the title issuance process. Courts should not order the Michigan Department of State to issue a mobile home title, they should indicate the proper owner of the mobile home in addition to the information already mentioned. Upon receipt of the court order, the Michigan Department of State will be able to issue a mobile home title when accompanied by the application for title, and title fee.

You need to obtain a court order. There are several steps and we can help:

First, you have to obtain a replacement VIN by completing a form TR-204 available from the SOS website. If you cannot get to the SOS, you may appoint an agent to act for you using form TR-128. This is easily a self-help process, but we can help you fill out the form in the best way, if you wish. Some out of state owners appoint us as their agent to act for them for this step, but it will be less expensive if you or a friend/acquintance can do step one. Once you have a VIN issued, then we can help you with the next step.

Second, you need to file a petition with the circuit court where the home is now located and affixed. We can prepare and file this “lawsuit” for you. You do need to serve and name any other person claiming an interest in the home, but most typically there is no such person. When there is no other person with an interest (for example, no prior or competing owner, or bank or other secured party) then this is usually an uncontested action and will be granted summarily. In either case, assuming that any prior owners have no legitimate claims to prevent it, we will obtain an order determining that the home with the replacement VIN is yours. Because this typically does not involve other persons, it is typically a fairly low cost process (at least as lawyer services/fees go).

Third, you take the order to the SOS office and get a new title issued under the replacement VIN. Again, this is most often a self-help process. You can again appoint an agent if needed.

Fourth, you just need to file the affidavit of affixture form referenced above, along with the copy of the brand new title you obtained with the court order.

So, that is the process. Let us know if you need help. We need the following to get started:

1. the name of the person(s) who own the home and any other person claiming an interest
2. the email/phone contact info for you
3. the address where the home is now affixed and confirmation that it is affixed
4. a copy of the deed (and preferably title work) for the property so we get the correct legal description

With this information we can assist you in getting the petition filed and the home in your name as an affixed asset to your real estate.