First, the manufactured home must be affixed to land ("Affixed"). This means that the axles must be removed and the manufactured home must be put on a foundation and hooked-up to utilities as a normal structure.

Secondly, the owner must own both the real estate and the manufactured home ("Co-Owned").

Thirdly, there must be no liens on the title to the manufactured home ("No Title Lien").

NOTE WELL: The legal arguments that support these conditions are universal in every state. Therefore, these arguments and the resulting conditions may well be used in other states that do not have statutes to make manufactured homes part of such land OR could be successfully used to make a manufactured home part of such land when a manufactured home has not been made part of such land in a state that does have such a statute.

Practical Effects: The usual circumstances where this issue arises is when the mortgage lender decides to foreclose pursuant to a non-judicial foreclosure process and discovers that although the deed of trust or mortgage is recorded, the manufactured home was not made part of such land by the process for doing so (in states that have statutes), OR a lien was not put on the manufactured homes motor vehicle title (If either of those procedures were followed, both the land and the manufactured home can be foreclosed non-judicially. (See UCC 9-604). In these circumstances, "Affixed", "Co-Owned" and "No Title Lien" are facts that can be ascertained.

"Co-Owned" requires obtaining proof that your present debtors now own both the real estate and the manufactured home. Some reliable form of title work determines land ownership. The owners of the manufactured home are obtained from a state agency (Usually, you must have the Vehicle Identification Number. If you do not have it, your problem becomes very difficult. If the present debtors are not the manufactured home owners and will not sign the title to you, only a judicial lawsuit can resolve the problem). That search with the state motor vehicle department will also disclose "No Title Lien" (If there is a lien to someone else, they may release it because they have been paid. If they haven't been paid, you must pay to get it released).

"Affixed" requires that a physical inspection must be done. If the inspection discloses that the manufactured home is "Affixed", an Affidavit of Affixture can be recorded (If it is not affixed, a judicial lawsuit will be necessary).

The practical reality is that when you have proven (as above) that the manufactured home is "Affixed", "Co-Owned" and "No Title Lien" in Tennessee it is certain that you can foreclose non-judicial. It is the author's legal opinion that this is also true in other non-judicial states if these conditions are fulfilled, even when the state involved has a statute allowing a manufactured home to be made part of the land, which has not been complied with.

Final Practical Point: However confident the author may be of the above, the ultimate practical point is whether a title company will insure title in a new owner (land and manufactured home) after foreclosure. If they will, all is well. If they will not, they are legally wrong, but practically, nothing can be done. Consequently, before embarking on a non-judicial foreclosure of land and a manufactured home, this must be determined. If they will, all is well. If they won't, some form of judicial foreclosure will be necessary.