Bankruptcy Lawyers Update: Changes in Mobile Home Titles

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Changes in the law relating to titling of manufactured homes have recently been made in Missouri. These laws affect a mobile home owner’s potential bankruptcy claim. RGG Law bankruptcy lawyers explain.

  • 442.015.1 of the Missouri Revised Statutes now specifically state that “for the purposes of 11 U.S.C. §1322 (b)(21), a manufactured home shall be deemed to be real property”. Under § 1322 (b)(2) of the Bankruptcy Code, “a Chapter 13 plan may modify the rights of holders of secured claims, other than a claim secured by a security interest in real property that is the debtor’s principal residence …”.

As a result of this new change, the Missouri legislature has made it impossible to modify the debt on manufactured homes in a Chapter 13 by declaring a manufactured home to be real property.

  • 442.015 also sets forth the requirement of how a person goes about establishing their manufactured home as real property including:
  1. Meeting local building codes and manufacturer’s specifications when attaching the manufactured home to land;
  2. Providing the Recorder of Deeds an affidavit which sets forth basic information as to ownership;
  3. Recording requirements for the affidavit.

In summary, as a result of these changes, the Missouri legislature has set forth the proper procedures in establishing how a person takes a manufactured home from personal property to real property and declares that a debt on a manufactured home cannot be modified in a Chapter 13 bankruptcy.

Contact the Bankruptcy Lawyers at RGG Law to See if Bankruptcy Is Right for You

Unfortunately, not even bankruptcy lawyers can help you file a Chapter 13 bankruptcy to diminish mobile home debt, but filing bankruptcy still might be right for you. Only expert bankruptcy lawyers can tell you whether your situation merits a Chapter 13 bankruptcy or a Chapter 7 bankruptcy. Contact the RGG Law bankruptcy lawyers for a free consultation today.