Bulletin: PA000012

Date:
October 20, 2006
To:
All Issuing Offices in Pennsylvania
RE:
Manufactured Housing and Endorsement ALTA 7, TIRBOP 400
Dear Associates:

There has been an increase in underwriting questions regarding the issuance of title insurance where a trailer or manufactured/modular home is located on the subject property and the issuance of Endorsement TIRBOP PA 400 (ALTA 7). The endorsement provides that the definition of "land" in the policy includes the manufactured housing unit located on the land.

A manufactured home (e.g. mobile home, modular home) may be deemed to be part of the insured "land" if it is permanently attached to the land. To assure that it is permanently attached, and therefore, part of the "land" under PA statutory or case law, you must do the following:

  1. You must confirm that the manufactured home is permanently attached to the land. Such proof may be evidenced by removal of the axles and wheels, setting on a permanent foundation and a permanent connection to sewer and water systems where applicable. You may verify this by a) inspection; b) affidavit and survey; c) or affidavit and pictures.
  2. You must verify that any motor vehicle title certificate has been cancelled. You may do this by ordering a search from the Bureau of Motor Vehicles or an Auto Tag Service. The owner's name, address and driver license number will be required to order the search. If the search discloses that the manufactured home is registered with the Bureau of Motor Vehicles, the certificate of ownership must be cancelled and any liens on the title certificate must be paid and removed as liens.
  3. You must order a UCC search in both Harrisburg and the county in which the land is located. If a UCC-1 is found that affects the manufactured home, it must be satisfied of record.
  4. You must verify that the municipal tax assessor has assessed the manufactured home as a real property improvement.
  5. You must be certain that the ownership of both the mobile home (manufactured housing unit/modular home) and the ownership of the land are in the same individual or entity.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.