Mobile homes are not necessarily "mobile." According to the Florida Department of Highway Safety and Motor Vehicles, one in every three homes built in that state are mobile homes. Mobile homes are manufactured on a chassis and are classified as personal property with a certificate of title issued by the department of motor vehicles. Choosing the proper way to put a personal lien on a mobile home depends on whether the mobile home is attached to a permanent foundation.
Determine whether the mobile home is on a permanent foundation. If it is, and the property is owned by the same person who owns the mobile home, a mortgage must be recorded against the property in addition to placing a lien on the certificate of title. If the mobile home is on rented or leased property, you only need to file the lien on the certificate of title.
File a notice of lien with the local department of motor vehicles. A notice of lien form is available at the department of motor vehicles. The forms vary from state to state, but you will usually need to know the year, make, model and serial number of the mobile home. All states require the name and address of the mobile home's owner. After both parties sign the notice of lien, it is filed with the department of motor vehicles and a small fee is paid. Nothing further is required if the mobile home is not affixed to a permanent foundation or is on real property that is rented or leased.
Prepare a mortgage to record against the real property. The mortgage document contains the names and addresses of the property owner and the person filing the lien. The mortgage also must have a description of the real property. The description usually refers to a map filed in the county clerk's office, or it might be the dimensions of the property. The county clerk will provide you with a copy of the description upon request. The make, model, serial or vehicle identification number and dimensions of the mobile home as shown on the certificate of title must be included in the mortgage . All states require language in the mortgage that states that the mobile home is affixed to the real property. Mortgage forms can be obtained from office supply stores or the local county clerk.
File the completed mortgage with the county clerk where the real property is located. The owner of the property must sign the mortgage in the presence of a notary public. The mortgage and the fee set by your state to record the mortgage should be filed with the county clerk who will record it. The mortgage becomes a lien on the real property after it has been recorded.
Keep the recorded mortgage and proof of lien in a safe place. The county clerk returns the mortgage to the person who filed the lien. Most states send the new certificate of title to the owner of the mobile home, but send confirmation of the lien to the person who filed it.
Dennis Masino practiced and taught law for many years before he began writing professionally in 2009. His articles on law, real estate and business topics can be seen on many websites. He is the author of two published books on drunk driving laws and holds degrees in law and finance.