Mobile home titles in Michigan

Michigan titles every mobile home through the Secretary of State, and ownership transfers by transferring that title. An owner who affixes the home to land they own can file an affidavit of affixture to cancel the title and convert the home to real property. The information below describes how the law generally works; anyone with a specific title question should consider consulting a licensed attorney in Michigan.

What the statute says

MCL 125.2330(1) provides that "every mobile home located in this state shall be subject to the certificate of title provisions of this act," except a new home held for sale by a manufacturer or licensed dealer, and §125.2330(3) provides that a "mobile home shall not be sold or transferred except by transfer of the certificate of title for the mobile home pursuant to this act." For the title sections (§§30–30i, 30k), the "department" that issues titles is the Michigan Department of State (§125.2302(d)(i)(C)), and the application fee is set at $90 under §125.2330a.

On conversion to real estate, MCL 125.2330i(1) provides that "if a mobile home is affixed to real property in which the owner of the mobile home has the ownership interest, the owner shall deliver" an "affidavit of affixture" (with the home and land description and each lienholder's written consent) and the certificate of title to the department. The department "shall cancel the certificate of title" (§125.2330i(2)), the affidavit is recorded with the register of deeds (§125.2330i(3)), and the home "is considered to be part of the real property" (§125.2330i(5)). A home is "affixed" when "the wheels, towing hitches, and running gear are removed" and "it is attached to a foundation or other support system" (§125.2330i(11)).

How it works in general

A Michigan mobile home carries a Secretary of State certificate of title, which is how ownership and any security interest are recorded, and a sale happens by transferring that title. When the homeowner places the home on land they own (in fee simple, or under a ground lease with at least 20 years left) and removes the running gear and sets it on a foundation, they can file an affidavit of affixture with the Secretary of State and the register of deeds. The title is then cancelled and the home becomes part of the real property — at which point a lender must perfect any lien as a lien on real property, not on the title. The process can be reversed by recording an affidavit of detachment and applying for a new title before the home is detached (§125.2330i(8)–(9)).

Common scenarios

General examples Michigan residents commonly encounter:

• A home sits on a rented park lot. It is held by a Secretary of State certificate of title and is sold by transferring that title (§125.2330).
• An owner sets the home permanently on owned land. They can file an affidavit of affixture to cancel the title and convert the home to real property (§125.2330i).
• A home on owned land needs to be moved. The owner records an affidavit of detachment and re-titles the home before detaching it (§125.2330i(8)).

Other authorities that may apply

The Michigan Department of State (Secretary of State) administers the certificate of title and the affidavit of affixture; the county register of deeds records the affidavit. Security interests follow the Uniform Commercial Code while the home is titled, and the real-property lien law after affixture (§125.2330i(5)). The written bill of sale, financing documents, and (for an affixed home) the real-property deed also control.