In Arizona, is a mobile home considered just "personal" property or "real" property?

When it comes to being able to place a lien on property, can a TEFRA lien be placed against an 1970 mobile home (no current lien) that is located on a rental property?  It is my understanding that "Real" and "Personal" are totally different when it comes to legal lien's?
  • June 16 2014 - Miracle Manor
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Answers (7)

Profile picture for Blue Nile
You can also contact your local DSS (Department of Social Services), but if the asset was excluded from the Medicare eligibility requirements, they can place a lien on the asset, or otherwise attempt to recuperate part of the expense upon death.
  • August 03 2014
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Profile picture for Blue Nile
"Medicaid recovery rules were initiated by Congress in 1993. After the death of the Medicaid recipient, Medicaid has a claim against the home that was previously excluded for eligibility. The claim is in the amount that Medicaid paid for the recipient's care. In some states a lien against the property, called a TEFRA lien, can be filed in anticipation of Medicaid's cost. Not all states file a TEFRA lien but typically file a debtor lien after the death.

As a matter of policy, some states do not make a claim against the property if the surviving spouse is living in the House. The debt is forgiven. This is only current policy since rules allow the state to initiate recovery through a lien on the property. There are also rules allowing the family to request a hardship hearing if recovery puts a burden on the family and the state also has authority to waive recovery on homes worth less than a certain dollar amount.

Common rumor among professionals who do Medicaid planning is that Medicaid recovery in many states is more "bark than bite". Numerous articles and studies indicate that states do an extremely poor job of recovering money from assets that should be subject to recovery. There is a suspicion that some property transferring in trusts or through joint tenancy may be escaping from recovery services."

http://www.gosselinlaw.com/Articles/Medicaid-Rules-for-Long-Term-Care.shtml

Suggest you discuss it with your estate planning attorney, your financial adviser, or your tax adviser.  Lots of possibilities.
  • August 03 2014
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Profile picture for Cory Roberts
To properly answer your question:
Mobile or manufactured homes on rental property are considered personal property. They are titled through the DMV much like a car. A lien can be placed on the Title of the home, however, my understanding of TEFRA liens are that they only apply to Real Property so probably not in your case.
  • August 03 2014
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To confirm previous responses, a mobile/manufactured home is personal property unless there is an affidavit of affixture. This document is typically recorded at the county level for verification purposes.
  • June 16 2014
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If the property owner has filed an affidavit affixture that 'attaches' the mobile home to the property.  At that point, the land and the mobile home are both real property.  If the mobile home is not affixed to the property, then it is still considered personal property.
  • June 16 2014
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Arizona Manufactured housing (mobile homes) are personal property unless the owners file an affidavit affixing the unit to their real estate.   On specific questions like this regarding liens, I would suggest you speak with an attorney.


Best of luck.
Spirit
  • June 16 2014
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Profile picture for Arizona Mortgage Pro
Mobile homes (manufactured homes) do not qualify as real property until they are properly fixed to the land they occupy. An affidavit of affixture is required. Your situation presents two problems. The first is that the home is pre-1976. Manufactured homes built prior to this are not HUD approved and therefore, most lenders will not lend on them. The second issue is that it sounds like you do not own the land. Mortgage lenders will not typically lend money on leased land unless the lease extends well beyond the mortgage term (30 year loan requires at least 30+ year lease). Here is the info directly from HUD on mobile/manufactured homes: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/ramh/mhs/faq 

I'm sure this isn't what you wanted to hear, but I hope it helps clear up any confusion.  
  • June 16 2014
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