Bankruptcy Court Rules Surrender of Title not Determinative of Mobile Home’s Status as Real Estate or Personal Property

Title Agents beware!

Taking a mobile home as real estate does not necessarily mean that the unit is affixed to real property.

The United States Bankruptcy Court for the Southern District of Ohio in a case called In re Boswell, No. 14-14087 (March 17, 2015), ruled the surrender of the certificate of title to a mobile home to the county auditor does not finally determine whether the mobile home is real estate or personal property.

The mobile home in Boswell was not affixed to the land (no permanent foundation, not strapped down to the frame) although it was being taxed as real property. The court followed Wallingford, 524 F. App’x 205 (6th Cir. 2013).

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