Mobile home titles in Maine

Maine handles manufactured-home ownership through the Secretary of State's certificate of title for newer homes, a recording process that cancels the title once a home is permanently affixed to land its owner owns, and a tax rule that treats mobile homes as real estate. The information below describes how the law generally works; anyone with a specific title question should consider consulting a licensed attorney in Maine.

What the statute says

On titling, 29-A M.R.S. §651 provides:

Beginning October 1, 2007, the Secretary of State shall issue certificates of title for new single-unit manufactured housing beginning with model year 2007.

The same subsection allowed (and, after September 30, 2009, permits) titles for used manufactured housing previously issued a Maine certificate of title, and provides that a title "remains in effect unless cancelled pursuant to section 669." Section 669 governs cancellation "when the manufactured housing ... becomes affixed to real property owned by the owner of the manufactured housing." It directs the owner of the real property to record in the registry of deeds the original certificate of title, a description of the home (model year, make, width, length, identification number, and any lienholder's release), "the legal description of the real property," and a sworn statement "that the manufactured housing ... is permanently affixed to the real property"; the Secretary of State then cancels the title.

For taxation, 36 M.R.S. §551 provides that "mobile homes, except stock in trade, are considered real estate for purposes of taxation," and that homes "affixed to leased land or land not owned by the owner of the buildings must be taxed as real estate in the place where that land is located."

How it works in general

A newer single-unit manufactured home (model year 2007 or later) carries a Secretary of State certificate of title, which is how ownership and any lien are recorded while the home is personal property. When the homeowner places the home on land they own and wants it treated as real estate, they follow §669: record the title, the home and land descriptions, any lien release, and a sworn affixation statement in the registry of deeds, then ask the Secretary of State to cancel the title. After that, the home is part of the real property. Regardless of title status, §551 means a mobile home is generally taxed as real estate — including a home sitting on a rented park lot, which is taxed where the land is located.

Common scenarios

General examples Maine residents commonly encounter:

• A home sits on a rented park lot. A model-year-2007-or-later home is held by a Secretary of State certificate of title and is taxed as real estate where the lot sits (§551).
• An owner puts the home on owned land. Section 669 lets them cancel the title by recording the affixation documents, converting the home to real estate.
• An older home was never titled. Section 651 phases titling in for newer homes; an older, never-titled home may be handled differently — a question for the Bureau of Motor Vehicles or an attorney.

Other authorities that may apply

The Secretary of State (Bureau of Motor Vehicles) administers the certificate of title and lien recording under 29-A M.R.S. Chapter 7, and the county registry of deeds handles affixation recording under §669. Property tax treatment is governed by 36 M.R.S. §551. Security interests in a titled home are governed by the certificate-of- title system, and the written purchase and financing documents also control.