Conditions Under Which Manufactured Home Becomes Real Property; Form and Filing 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. Permanently Affixed Manufactured Home as Real Property
  8. Conditions Under Which Manufactured Home Becomes Real Property; Form and Filing Requirements for Certificate of Permanent Location

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  1. A manufactured home which has not been issued a certificate of title from the commissioner and which is sold on or after July 1, 2006, 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 in the real estate records of the county where the real property is located.
  2. 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. As an attachment, the manufacturer's original certificate of origin; and
    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.
  3. A Certificate of Permanent Location shall be filed with the clerk of superior court, and the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
  4. When a Certificate of Permanent Location is properly filed with the clerk of superior court, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property.
  5. When a properly executed Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department's records and except as provided in Subparts 2 and 3 of this part.
  6. Upon recording the Certificate of Permanent Location, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
  7. When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §8-2-183.1, enacted by Ga. L. 2006, p. 702, § 1/SB 253.)

Law reviews.

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

Subpart 2 Removal from Permanent Location

8-2-184. Reversion of manufactured home to personal property; Certificate of Removal from Permanent Location required.

  1. A home which has previously become real property shall become personal property if:
    1. The manufactured home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and
    2. The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
      1. With the commissioner; and
      2. In the real estate records of the county where the real property is located.
  2. The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner and shall include:
    1. The name and address of the owner;
    2. The names and addresses of the holders of any security interest and of any lien;
    3. The title number formerly assigned to the home, if applicable;
    4. A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former Certificate of Permanent Location; and
    5. Any other data the commissioner prescribes.

(Code 1981, §8-2-184, 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.)


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