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Manufactured Home Owners

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Manufactured housing:

A home that the law still treats like a car

Febrary 2005
PDF Format


Executive Summary
We recommend

Report:
Repossession: Hauling off entire households
Foreclosure laws
Power of sale clauses reduce foreclosure protections
Repossession
Limits on self-help repossession
Right to cure and right to reinstate
Anti-deficiency laws
That is not the home I ordered
Recommendations

Sidebars:
Definitions
Key protections in foreclosure and key weaknesses of repossession
Deed of trust
Park tenancy
Drew Industries
Homestead Exemptions

Charts:
Foreclosure laws in six souhwestern states
Southwest states repossession laws
Right to cure default before repossession/Right to reinstate after repossession


Director
Reggie James

Author
Suzanne Henry

Editor
Kathy Mitchell

Design
Amanda Frayer

For more information, contact:
Suzanne Henry,
Policy Associate
512-477-4431 x121
shenry@consumer.org

Kathy Mitchell,
Research Coordinator
512-477-4431 x125
mitcka@consumer.org

Rafael Ayuso,
Media Director
512-477-4431 x114
ayusra@consumer.org


This report was funded in part by a grant from the Ford Foundation.

Click here to find out more about manufactured housing.


Homestead Exemptions

In most states, homeowners can claim a homestead exemption for their manufactured home even when it is not classified as realty, legally attached to land.1 In addition to giving manufactured homeowners a deduction on their property taxes, homestead laws can give homeowners the ability to protect the home against repossession by creditors other than the home lender. A homestead exemption gives a debtor who is in bankruptcy protection on their home and other assets that keep them from being sold to pay off debts. Most states cap the value of personal property that can be protected at a very low level. If the dollar amount is small, these limits can render the protections meaningless.

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Footnotes:

1 National Consumer Law Center,(5th ed. 2002), p. 563.

 


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