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Manufactured Home Questions

What is a manufactured home?

A manufactured home or manufactured housing is a prefabricated home that is assembled in factories and then taken to the land or site that it is going to be set up on. According to the United States Code of Federal Regulations a manufactured home is defined as; “Manufactured homes are built as dwelling units of at least 320 square feet (30 m2) in size with a permanent chassis to assure the initial and continued transportability of the home.”

Having the requirement to have the wheeled chassis a permanent fixture on the manufactured home is what sets it apart from other homes of this type, such as modular homes.

In the state of California, if a person buys a manufactured home from an owner and files for bankruptcy, does the person have to tell the owner about the intent to file the bankruptcy and would the buyer be responsible for the seller filing for foreclosure?

California is a non-deficiency state; therefore the person would need to follow the California statute on deficiency. According to that statute the buyer does not have any obligation to pay the balance owed on the home after it goes to foreclosure. In most cases the lenders don’t take the matters to court under the deficiency case. So if the seller could be convinced that they would not gain anything, then the buyer would not be held responsible. The buyer also doesn’t owe the seller any notice and would be considered the prior owner and the law would not allow for the new owner to evict the prior owner. The new owner would need to give the prior owner a letter of 3 day notice to leave and if the prior owner chooses not to then the new owner would need to file an eviction due to unlawful detainment. The new owner cannot just throw the prior owners things onto the street they must go through the court system to evict the prior owner.

In the state of Missouri, is an RV and a mobile home both considered manufactured housing and can a city exclude a RV from a mobile home park?

In most cases a city or state has the right to zone the land or park to include the exclusion of certain housing structures. In the state of Missouri, a RV and a manufactured home are given two different distinctions.

According to the Missouri Statutes a manufactured home is defined as; "Manufactured home", structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code (Section 700-010 Definitions; and an RV as:"Recreational vehicle", a recreational vehicle as defined in the American National Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles. ANSI A1119.2: In short is used for recreational purposes and capable of being transported because of nature of permanent wheels.”

If a person has a loan on a manufactured home in the state of Florida and lost his/her job, how long would it be before the lender could evict the person and would the person be responsible for the difference if the home is foreclosed on?

Florida is a deficiency state and can pursue the buyer for the money that they are deficient on. The buyer would be responsible for the amount of money that is above what the sale was at foreclosure. If the buyer could not convince the lender that they wouldn’t get anything if they pursued them, then the buyer might consider filing bankruptcy and then they would be under the protection and would be able to get the judgment discharged. The lender would not be able to evict the buyers from the property after the foreclosure until they took them to court and got a proper eviction from the courts.

In the state of Georgia, can the bank come after a person for the difference from a foreclosed sale of a manufactured home?

In the state of Georgia, they can come after the person for the deficiency due to them being a deficiency state. The bank may or may not come after the buyer for the deficiency according to the assessment of the buyers resources.

When considering buying a manufactured home, the buyer may have several questions that they would need the answers to. Consulting and Expert would give the buyer the answers that they are looking for.
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