Our Services include:
- Municipal lien search
- Notary Public
- Remote Closer (Real Estate loan closings)
- Transferring of Mobile Home Titles
- Retiring of Mobile Home Titles
Un-Recorded Lien Search (Florida Chapter 159 Search)
This search has been common in South Florida but is relatively new to many other parts of the state and may be referred to as a Municipal Lien Search, Un-Recorded Lien Search or a 159 Search (Florida Chapter 159 Search). This research is conducted solely as to unrecorded matters. The matters revealed in the report may or may not affect marketability of the title or the ability of the buyer to take possession of the property. Our report gives details of the research requested, an invoice, and all supporting documents which may include but are not limited to:
- Municipal lien letters
- County lien letters
- Code Enforcement Violations
- Building Violations
- Open/Expired Permits
- Utilities Storm, Sewer, Water
- Special Assessments
- Property Taxes
The Importance of a Mobile Home Title Search:
As a buyer you want to make sure that the mobile is free and clear of any unrecorded liens associated with the mobile home. More than half of the time the mobile home titles are not in the sellers name. Sometimes the mobile home has been sold and is not the same one that is on the previous sales. Remember mobile homes are movable and sometimes they get moved. Remember when dealing with mobile homes, land has its title and the home also has its titles. Never assume when it comes to mobile home titles.
Why is Title Retiring Necessary?
As a result of heavy lobbying by the Mortgage Bankers Association, Fannie Mae, & Freddie Mac, in 2003 the Governor signed into law a statue that allows the retiring of mobile home titles (see FL Statutes 319.261). There has been much confusion and misinformation regarding this law. We will give a brief synopsis of its implications and some cautions for you to be aware of.
The important chnges in the latest version of the law include the following: 1) MSOs (MCOs) can no longer be retired, but must be titled first, 2) the mobile home and land must be in the same names and home permanently affixed to the land before the mobile home title can be retired 3) all mobile homes must have valid RP stickers before they can be retired.
Most counties want to see that the mobile home is included in the legal description on a deed where the land and home have been sold together as a package. Also, the mobile home must be titled and RP’d into the person’s name who owns the land before it can be retired.
Contrary to a common misconception, retiring a title is not automatic. The law authorizes retiring titles, but does not require it. It is strictly voluntary for the property owner. Howeer, many lenders are now requiring that the titles be retired because Fannie Mae, Freddie Mac, and the major players in the secondary market, want them retired. If you are processing a Fannie or Freddie backed loan, check your lender’s instructions closely to see what the lender wants done. Ask the loan underwriter, specifically, if they want the title “retired”. If the instructions indicate that the home must be “real property”, a simple RP sticker will satisfy that requirement. Retiring the title takes things a step further, but according to Florida law, a mobile home with valid RP stickers is every bit as much “Real Property” as the home with a retired title.
The property owner must evidence their agreement to retire their titles by signing the necessary affidavirts, and applications. Currently there is no DMV charge for retiring titles, however there are costs involved. These costs include document recording fees, purchasing Court certified copies of the recorded documents, FedEx or mailing fees, and time dealing with the Courthouse, Property Appraiser, and the DMV. Once again, the retire title process can only take place after the mobile home and land are properly titled into the same names, the home is permanently affixed to the land, and the home is legally declared real property with valid RP stickers issued. Therefore you must allow for title transfer fees and RP costs as well as the title retiring costs.
We can provide retire title services in conjunction with the closing, or separately. It is always more cost effective for us to retire the titles along with a closing because it saves some duplication of work.