Manufactured Home as Personal Property; Requirements for Real Property Status; Requirements for Certificate of Permanent Location

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Standards and Requirements for Construction, and Alteration, of Buildings and Other Structures
  5. Factory Built Buildings and Dwelling Units
  6. Manufactured or Mobile Homes
  7. General Provisions
  8. Manufactured Home as Personal Property; Requirements for Real Property Status; Requirements for Certificate of Permanent Location

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  1. Except as provided in Subpart 1A of this part, a manufactured home shall constitute personal property and shall be subject to the "Motor Vehicle Certificate of Title Act," Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part or as provided in Subpart 1A of this part.
  2. A manufactured home shall become real property if:
    1. The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and
    2. The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
      1. In the real estate records of the county where the real property is located; and
      2. With the commissioner.
  3. The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include:
    1. The name and address of the owner of the home;
    2. The names and addresses of the holders of any security interest in and of any lien upon the home;
    3. The title number assigned to the home;
    4. A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and
    5. Any other data the commissioner prescribes.

(Code 1981, §8-2-181, enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.)

Law reviews.

- For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

JUDICIAL DECISIONS

Application with federal law.

- Provisions of O.C.G.A. § 8-2-181 did not apply for consideration of whether or not the debtors' mobile home, purchased and placed on the real property at issue in April 2000, was a fixture to the property so that the provisions of 11 U.S.C. § 1322 applied to a creditor's mortgage interest. Williamson v. Wash. Mut. Home Loans, Inc. (In re Williamson), 387 Bankr. 914 (Bankr. M.D. Ga. 2008).

In an appeal from a decision by a bankruptcy court in which that court found that a lender's claim was secured by a security interest in real property consisting of the debtors' principal residence, which was a mobile home, and could not be modified under 11 U.S.C. § 1322(b)(2), O.C.G.A. § 8-2-181 was inapplicable. The Georgia law became effective on May 31, 2003, whereas the loan was made in April 2000, and the date of the loan was the critical date in determining whether the lender's claim was protected by § 1322(b)(2). Williamson v. Wash. Mut. Home Loans, Inc., 400 Bankr. 917 (M.D. Ga. 2009).

Cited in In re Tucker, Bankr. (Bankr. M.D. Ga. June 25, 2013).


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